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            Publication 54
            Cat. No. 14999E                                                    Contents
                                                                               What's New        . . . . . . . . . . . . . . . . . . 2
Department 
of the      Tax Guide for                                                      Reminders . . . . . . . . . . . . . . . . . . . 2
Treasury
Internal                                                                       Introduction . . . . . . . . . . . . . . . . . . 2
Revenue     U.S. Citizens and 
Service                                                                        Chapter  1.  Filing Information . . . . . . . 3
                                                                               Filing Requirements             . . . . . . . . . . . 3
            Resident Aliens                                                    Nonresident Alien Spouse 
                                                                                           Treated as a Resident . . . . . . . . 7
                                                                               Estimated Tax Payments                . . . . . . . . 8
            Abroad                                                             Other Forms You May Have To 
                                                                                           File . . . . . . . . . . . . . . . . . . . 8
                                                                               Chapter  2.  Withholding Tax . . . . . . . . 8
            For use in preparing                                               Income Tax Withholding                . . . . . . . . 8
                                                                               30% Flat Rate Withholding               . . . . . . . 9
                                                                               Social Security and Medicare 
            2022 Returns                                                                   Taxes   . . . . . . . . . . . . . . . . . 9
                                                                               Chapter  3.  Self-Employment Tax . . . .              10
                                                                               Who Must Pay Self-Employment 
                                                                                           Tax? . . . . . . . . . . . . . . . . .    10
                                                                               Exemption From Dual-Country 
                                                                                           Social Security and 
                                                                                           Medicare Taxes      . . . . . . . . . .   10
                                                                               Chapter  4.  Foreign Earned Income 
                                                                               and Housing: Exclusion – 
                                                                               Deduction             . . . . . . . . . . . . . . .   11
                                                                               Who Qualifies for the Exclusions 
                                                                                           and the Deduction?      . . . . . . . .   11
                                                                               Requirements            . . . . . . . . . . . . . .   11
                                                                               Waiver of Time Requirements                 . . . .   15
                                                                               Foreign Earned Income 
                                                                                           Exclusion   . . . . . . . . . . . . . .   18
                                                                               Foreign Housing Exclusion and 
                                                                                           Deduction . . . . . . . . . . . . . .     20
                                                                               Form 2555             . . . . . . . . . . . . . . .   22
                                                                               Chapter  5.  Deductions 
                                                                               and Credits             . . . . . . . . . . . . . .   22
                                                                               Items Related to Excluded 
                                                                                           Income    . . . . . . . . . . . . . . .   22
                                                                               Contributions to Foreign 
                                                                                           Charitable Organizations      . . . . .   22
                                                                               Contributions to Individual 
                                                                                           Retirement Arrangements . . . . .         23
                                                                               Taxes of Foreign Countries and 
                                                                                           U.S. Territories . . . . . . . . . . .    23
                                                                               How To Report Deductions . . . . . .                  24
                                                                               Chapter  6.  Tax Treaty Benefits . . . . .            25
                                                                               Purpose of Tax Treaties . . . . . . . .               25
                                                                               Common Benefits               . . . . . . . . . . .   25
                                                                               Competent Authority Assistance . . .                  25
                                                                               Obtaining Copies of Tax Treaties              . . .   26
                                                                               Chapter  7.  How To Get Tax Help . . . .              26
                                                                               Index       . . . . . . . . . . . . . . . . . . . . . 34

                                                                               Section references are to the Internal Revenue 
              Get forms and other information faster and easier at:            Code unless otherwise noted.
              IRS.gov (English)         IRS.gov/Korean (한국어) 
              IRS.gov/Spanish (Español) IRS.gov/Russian (Pусский) 
              IRS.gov/Chinese (中文)      IRS.gov/Vietnamese (Tiếng Việt) 

Nov 17, 2022



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                                                        taxpayers  certified  as  owing  a  seriously  delin-   or the substantial presence test for the calendar 
                                                        quent tax debt. The State Department is gener-          year.
Future Developments                                     ally prohibited from issuing or renewing a pass-        1.   Green card test. You are a U.S. resident 
For  the  latest  information  about  developments      port to a taxpayer with seriously delinquent tax             if you were a lawful permanent resident of 
related to Pub. 54, such as legislation enacted         debt.                                                        the United States at any time during the 
after it was published, go to IRS.gov/Pub54.            If  you  currently  have  a  valid  passport,  the           calendar year. This is known as the green 
                                                        State Department may revoke your passport or                 card test because resident aliens hold im-
                                                        limit your ability to travel. Additional information         migrant visas (also known as green 
                                                        on passport certification is available at IRS.gov/           cards).
What's New                                              Passports.
                                                                                                                2.   Substantial presence test. You are con-
Standard deduction amount increased.        For         Individual  taxpayer  identification  number                 sidered a U.S. resident if you meet the 
2022, the standard deduction amount has been            (ITIN) renewal.  An ITIN for a nonresident alien             substantial presence test for the calendar 
increased for all filers. The amounts are:              spouse  or  dependent  used  on  a  prior-year  in-          year. To meet this test, you must be physi-
  Single or Married filing sepa-                      come tax return may require renewal. For more                cally present in the United States on at 
    rately—$12,950;                                     information, go to IRS.gov/ITIN.                             least:
  Married filing jointly or Qualifying surviving      Figuring tax on income not excluded.      If you 
    spouse—$25,900; and                                 claim the foreign earned income exclusion, the               a. 31 days during the current calendar 
  Head of household—$19,500.                          housing exclusion, or both, you must figure the              year; and
       Due to the increase in the standard de-          tax on your nonexcluded income using the tax                 b. A total of 183 days during the current 
       duction,  you  may  be  required  to  file  a    rates  that  would  have  applied  had  you  not             year and the 2 preceding years, 
       new  Form  W-4.  For  more  information,         claimed the exclusions. See the Instructions for             counting all the days of physical pres-
go to IRS.gov/Payments/Tax-Withholding.                 Form  1040  and  complete  the  Foreign  Earned              ence in the current year, but only  /1 3 
                                                        Income Tax Worksheet to figure the amount of                 the number of days of presence in the 
Exclusion  amount.   The  maximum  foreign              tax to enter on Form 1040 or 1040-SR, line 16.               first preceding year, and only  /  the 1 6
earned  income  exclusion  is  adjusted  annually       If you must attach Form 6251, Alternative Mini-              number of days in the second preced-
for inflation. For 2022, the maximum exclusion          mum  Tax—Individuals,  to  your  return,  use  the           ing year.
has  increased  to  $112,000.  See Limit  on  Ex-       Foreign  Earned  Income  Tax  Worksheet  provi-
cludable Amount under Foreign Earned Income             ded in the Instructions for Form 6251.                  Example.      You  were  physically  present  in 
Exclusion in chapter 4.                                 Moving  expenses  suspended.     The  deduc-            the  United  States  for  120  days  in  each  of  the 
Housing    expenses—base      amount.       The         tion for moving expenses is suspended unless            years  2020,  2021,  and  2022.  To  determine  if 
computation  of  the  base  housing  amount  (line      you  are  a  member  of  the  U.S.  Armed  Forces       you  meet  the  substantial  presence  test  for 
32 of Form 2555) is tied to the maximum foreign         who moves pursuant to a military order and inci-        2022,  count  the  full  120  days  of  presence  in 
earned  income  exclusion.  The  amount  is  16%        dent to a permanent change of station.                  2022, 40 days in 2021 ( /  of 120), and 20 days 1 3
                                                                                                                in  2020  ( /   of  120).  Because  the  total  for  the 1 6
of the exclusion amount (figured on a daily ba-         Tax home for individuals serving in a com-              3-year period is 180 days, you are not consid-
sis),  multiplied  by  the  number  of  days  in  your  bat zone.  New rules apply for certain individu-        ered a resident under the substantial presence 
qualifying  period  that  fall  within  your  2022  tax als serving in a combat zone in support of the          test for 2022.
year. For 2022, this amount is $49.10 per day           U.S. Armed Forces. For more information, see            Even if you do not meet either of these tests, 
($17,920 per year). See Housing Amount under            Tax Home in chapter 4.                                  you may be able to choose to be treated as a 
Foreign  Housing  Exclusion  and  Deduction  in         Form 8938.   If you had foreign financial assets        U.S.  resident  for  part  of  the  year  under  the 
chapter 4.                                              in  2022,  you  may  have  to  file  Form  8938  with   first-year choice test, discussed in Pub. 519.
Housing expenses—maximum amount.            The         your return. See Form 8938 in chapter 1.                For  more  information  on  resident  and  non-
amount  of  qualified  housing  expenses  eligible      Photographs of missing children.     The IRS is         resident status, the tests for residence, and the 
for  the  housing  exclusion  and  housing  deduc-      a  proud  partner  with  the National  Center  for      exceptions to them, see Pub. 519.
tion has changed for some locations. See   Limit        Missing & Exploited Children® (NCMEC). Pho-
on  housing  expenses  under  Foreign  Housing          tographs  of  missing  children  selected  by  the      Filing  information.   Chapter  1  contains  gen-
Exclusion and Deduction in chapter 4.                   Center may appear in this publication on pages          eral filing information, such as:
Self-employment  tax  rate.   For  2022,  the           that  would  otherwise  be  blank.  You  can  help         Whether you must file a U.S. tax return,
maximum amount of net earnings from self-em-            bring  these  children  home  by  looking  at  the         When and where to file your return,
ployment  that  is  subject  to  the  social  security  photographs  and  calling  1-800-THE-LOST                  How to report your income if it is paid in 
part  of  the  self-employment  tax  has  increased     (1-800-843-5678) if you recognize a child.                   foreign currency,
to $147,000. All net earnings are subject to the                                                                   How to treat a nonresident alien spouse as 
Medicare part of the tax. For more information,                                                                      a U.S. resident, and
see chapter 3.                                          Introduction                                               Whether you must pay estimated tax.
IRA limitations for 2022.     You may be able to        This publication discusses special tax rules for 
take an IRA deduction if you were covered by a          U.S.  citizens  and  resident  aliens  who  work        Withholding  tax.   Chapter  2  discusses  the 
retirement plan and your 2022 modified adjus-           abroad  or  who  have  income  earned  in  foreign      withholding  of  income,  social  security,  and 
ted gross income (MAGI) is less than $78,000            countries.                                              Medicare  taxes  from  the  pay  of  U.S.  citizens 
($129,000 if married filing jointly or a qualifying     If  you  are  a  U.S.  citizen  or  resident  alien,    and resident aliens.
surviving  spouse).  These  limits  are  increased      your  worldwide  income  is  generally  subject  to 
from 2021. If your spouse was covered by a re-          U.S.  income  tax,  regardless  of  where  you  are     Self-employment  tax.    Chapter  3  discusses 
tirement  plan,  but  you  were  not,  you  may  be     living. Also, you are subject to the same income        who must pay self-employment tax.
able  to  take  an  IRA  deduction  if  your  2022      tax  filing  requirements  that  apply  to  U.S.  citi- Foreign  earned  income  exclusion  and 
MAGI  is  less  than  $214,000.  See  the               zens  or  resident  aliens  living  in  the  United     housing  exclusion  and  deduction.     Chap-
Instructions  for  Form  1040  for  details  and  ex-   States. Expatriation tax provisions apply to U.S.       ter 4 discusses income tax benefits that apply if 
ceptions.                                               citizens  who  have  renounced  their  citizenship      you  meet  certain  requirements  while  living 
                                                        and long-term residents who have ended their            abroad. You may qualify to treat up to $112,000 
                                                        residency.  These  provisions  are  discussed  in       of  your  income  as  not  taxable  by  the  United 
                                                        chapter 4 of Pub. 519.                                  States. You may also be able to either deduct 
Reminders                                               Resident alien.  A resident alien is an individ-        part  of  your  housing  expenses  from  your  in-
Denial  or  revocation  of  U.S.  passport. The         ual who is not a citizen or national of the United      come or treat a limited amount of income used 
IRS is required to notify the State Department of       States and who meets either the green card test         for  housing  expenses  as  not  taxable  by  the 

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United States. These benefits are called the for-       Getting tax forms, instructions, and pub-                     chapter  7  for  information  about  getting  these 
eign  earned  income  exclusion  and  the  foreign      lications.  Go  to  IRS.gov/Forms  to  download               publications and forms.
housing deduction and exclusion.                        current  and  prior-year  forms,  instructions,  and 
To qualify for either of the exclusions or the          publications.
deduction, you must have a tax home in a for-                                                                         Filing Requirements
eign  country  and  earn  income  from  personal        Ordering  tax  forms,  instructions,  and 
services performed in a foreign country. These          publications.                   Go  to IRS.gov/OrderForms  to 
rules are explained in chapter 4.                       order  current  forms,  instructions,  and  publica-          If  you  are  a  U.S.  citizen  or  resident  alien,  the 
                                                        tions;  call  800-829-3676  to  order  prior-year             rules  for  filing  income,  estate,  and  gift  tax  re-
If you are going to exclude or deduct your in-          forms  and  instructions.  The  IRS  will  process            turns and for paying estimated tax are generally 
come as discussed above, you must file Form             your  order  for  forms  and  publications  as  soon          the same whether you are in the United States 
2555.                                                   as possible. Don’t resubmit requests you’ve al-               or abroad.
                                                        ready sent us. You can get forms and publica-                 Your income, filing status, and age generally 
Deductions  and  credits.       Chapter  5  dis-        tions faster online.                                          determine whether you must file an income tax 
cusses deductions and credits you may be able 
to claim on your return. These are generally the                                                                      return. Generally, you must file a return for 2022 
same as if you were living in the United States.                                                                      if your gross income from worldwide sources is 
However,  if  you  choose  to  exclude  foreign                                                                       at least the amount shown for your filing status 
earned  income  or  housing  amounts,  you  can’t                                                                     in the following table.
deduct or exclude any item or take a credit for 
any item that is related to the amounts you ex-                                                                       Filing Status*                                           Amount
clude. Among the topics discussed in chapter 5          1.                                                            Single . . . . . . . . . . . . . . . . . . . . . . . . .   $12,950
are:                                                                                                                  65 or older . . . . . . . . . . . . . . . . . . .        $14,700
   Contributions to foreign organizations,                                                                          Head of household . . . . . . . . . . . . . . .          $19,400
   Contributions to individual retirement ar-                                                                       65 or older . . . . . . . . . . . . . . . . . . .        $21,150
     rangements (IRAs), and                             Filing 
                                                                                                                      Qualifying surviving spouse . . . . . . . .              $25,900
   Foreign taxes.                                                                                                   65 or older . . . . . . . . . . . . . . . . . . .        $27,300
                                                        Information                                                   Married filing jointly . . . . . . . . . . . . . .       $25,900
Tax  treaty  benefits.     Chapter  6  discusses                                                                      Not living with spouse at end of 
some  benefits  that  are  common  to  most  tax                                                                      year . . . . . . . . . . . . . . . . . . . . . . . .     $5
treaties and explains how to get help if you think      Topics                                                        One spouse 65 or older . . . . . . . . .                 $27,300
you  are  not  receiving  a  treaty  benefit  to  which This chapter discusses:                                       Both spouses 65 or older . . . . . . .                   $28,700
you are entitled. It also explains how to get cop-                                                                    Married filing separately . . . . . . . . . . .          $5
ies of tax treaties.                                    Whether you have to file a return,                          * If you are the dependent of another taxpayer, see 
                                                        When to file your return and pay any tax 
How to get tax help.   Chapter 7 is an explana-           due,                                                        the Instructions for Form 1040 (and 1040-SR) for 
tion  of  how  to  get  information  and  assistance    How to treat foreign currency,                              more information on whether you must file a return.
from the IRS.                                           How to file electronically,
                                                        Where to file your return,
Questions  and  answers.      Frequently  asked         When you can treat your nonresident alien                   Note. If  you  are  married  and  entitled  to  file 
questions  and  answers  to those  questions  are         spouse as a resident, and                                   jointly,  use  the  married  filing  jointly  threshold 
presented in the back of the publication.               When you may have to make estimated                         unless your spouse has filed a separate return 
                                                          tax payments.                                               or  another  taxpayer  claims  your  spouse  as  a 
Comments  and  suggestions.       We  welcome                                                                         dependent.
your comments about this publication and sug-
gestions for future editions.                           Useful Items                                                  Gross  income.           This  includes  all  income  you 
You  can  send  us  comments  through                   You may want to see:                                          receive in the form of money, goods, property, 
IRS.gov/FormComments.  Or,  you  can  write  to                                                                       and services that is not exempt from tax.
the  Internal  Revenue  Service,  Tax  Forms  and       Publication                                                   For  purposes  of  determining  whether  you 
                                                                                                                      must file a return, gross income includes any in-
Publications,  1111  Constitution  Ave.  NW,                3   3 Armed Forces' Tax Guide                             come  that  you  can  exclude  as  foreign  earned 
IR-6526, Washington, DC 20224.
Although  we  can’t  respond  individually  to              501 501 Dependents, Standard Deduction,                   income or as a foreign housing amount.
each comment received, we do appreciate your                    and Filing Information
                                                                                                                      If you are self-employed, your gross income 
feedback and will consider your comments and                505 505 Tax Withholding and Estimated Tax                 includes  the  amount  on  Part  I,  line  7,  of 
suggestions as we revise our tax forms, instruc-                                                                      Schedule C (Form 1040).
tions,  and  publications. Don’t send  tax  ques-           519 519 U.S. Tax Guide for Aliens
tions, tax returns, or payments to the above ad-            970 970 Tax Benefits for Education                        Self-employed individuals.                     If your net earn-
dress.                                                                                                                ings  from  self-employment  are  $400  or  more, 
Getting  answers  to  your  tax  questions.             Form (and Instructions)                                       you must file a return even if your gross income 
                                                                                                                      is below the amount listed for your filing status 
If you have a tax question not answered by this             1040-ES             1040-ES Estimated Tax for Individuals in  the  table  shown  earlier.  Net  earnings  from 
publication or the How To Get Tax Help section 
at the end of this publication, go to the IRS In-           1040-X       1040-X Amended U.S. Individual Income        self-employment are defined in Pub. 334.
teractive  Tax  Assistant  page  at  IRS.gov/                   Tax Return
                                                                                                                      65 or older.     You are considered to be age 65 
Help/ITA where you can find topics by using the             2350    2350 Application for Extension of Time To         on the day before your 65th birthday. For exam-
search feature or viewing the categories listed.                File U.S. Income Tax Return                           ple, if your 65th birthday is on January 1, 2023, 
Getting  answers  to  your  tax  questions.                 2555    2555 Foreign Earned Income                        you are considered 65 for 2022.
If you have a tax question not answered by this 
publication or the How To Get Tax Help section              4868    4868 Application for Automatic Extension          Residents  of  U.S.  territories.                  If  you  are  (or 
at the end of this publication, go to the IRS In-               of Time To File U.S. Individual                       were)  a  bona  fide  resident  of  a  U.S.  territory, 
teractive  Tax  Assistant  page  at  IRS.gov/                   Income Tax Return                                     you may be required to file Form 8898. See the 
Help/ITA where you can find topics by using the             8822    8822 Change of Address                            instructions  for  the  form,  available  at             IRS.gov/
search feature or viewing the categories listed.                                                                      Form8898 for more information.
                                                        All of these forms, instructions, and publications 
                                                        can  be  downloaded  from              IRS.gov.  See 
                                                                                                                      Chapter 1            Filing Information    Page 3



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When To File and Pay                                       are a U.S. citizen or resident alien, and on the                you do not file Form 4868. For more infor-
                                                           regular due date of your return:                                mation, see the instructions for your tax re-
If you file on a calendar year basis, the due date           You are living outside the United States                    turn.
                                                               and Puerto Rico and your main place of 
for filing your return is April 15 of the following            business or post of duty is outside the Uni-               When to file.  Generally, you must request 
year.  If  you  file  on  a  fiscal  year  basis  (a  year     ted States and Puerto Rico, or                          the 6-month extension by the regular due date 
ending on the last day of any month except De-                 You are in military or naval service on duty            of your return.
cember), the due date is 3 months and 15 days              
                                                               outside the United States and Puerto Rico.
after the close of your fiscal year. In general, the                                                                      Previous 2-month extension.      If you can-
tax shown on your return should be paid by the              If you use a calendar year, the regular due                not file your return within the automatic 2-month 
due date of the return, without regard to any ex-          date of your return is April 15. Even if you are al-        extension period, you can generally get an ad-
tension of time for filing the return.                     lowed an extension, you will have to pay inter-             ditional 4 months to file your return, for a total of 
                                                           est on any tax not paid by the regular due date             6 months. The 2-month period and the 6-month 
When the due date for doing any act for tax                of your return.                                             period start at the same time. You have to re-
purposes—filing  a  return,  paying  taxes,  etc.—                                                                     quest the additional 4 months by the new due 
falls  on  a  Saturday,  Sunday,  or  legal  holiday,       Married taxpayers.         If you file a joint return,     date allowed by the 2-month extension.
the due date is delayed until the next business            either you or your spouse can qualify for the au-              The additional 4 months of time to file (un-
day.                                                       tomatic  extension.  If  you  and  your  spouse  file       like the original 2-month extension) is not an ex-
                                                           separate  returns,  this  automatic  extension  ap-         tension of time to pay. You must make an accu-
        A tax return delivered by the U.S. mail            plies only to the spouse who qualifies for it.              rate  estimate  of  your  tax  based  on  the 
!       or a designated delivery service that is            How to get the extension.        To use this au-           information available to you. If you find you can-
CAUTION postmarked  or  dated  by  the  delivery                                                                       not  pay  the  full  amount  due  with  Form  4868, 
service on or before the due date is considered            tomatic  2-month  extension,  you  must  attach  a 
to have been filed on or before that date. Go to           statement to your return explaining which of the            you can still get the extension. You will owe in-
IRS.gov/PDS  for  the  current  list  of  designated       two situations listed earlier qualified you for the         terest  on  the  unpaid  amount  from  the  original 
services.                                                  extension.                                                  due date of the return.
                                                                                                                          You may also be charged a penalty for pay-
                                                           Automatic 6-month extension.      If you are not            ing  the  tax  late  unless  you  have  reasonable 
Direct Pay option. You can pay online with a               able to file your return by the due date, you can           cause for not paying your tax when due. Penal-
direct transfer from your bank account using Di-           generally  get  an  automatic  6-month  extension           ties  for  paying  the  tax  late  are  assessed  from 
rect  Pay,  the  Electronic  Federal  Tax  Payment         of time to file (but not of time to pay). To get this       the original due date of your return, unless you 
System (EFTPS), or by debit or credit card. You            automatic  extension,  you  must  file  a  paper            qualify for the automatic 2-month extension. In 
can also pay by phone using EFTPS or by debit              Form  4868  or  use  IRS    e-file  (electronic  filing).   that  situation,  penalties  for  paying  late  are  as-
or  credit  card.  For  more  information,  go  to         For more information about filing electronically,           sessed from the extended due date of the pay-
IRS.gov/Payments.                                          see E-file options, later.                                  ment (June 15 for calendar year taxpayers).
                                                            The  form  must  show  your  properly  estima-             Additional  extension  of  time  for  taxpayers 
Foreign  wire  transfers.   If  you  have  a  U.S.         ted tax liability based on the information availa-          out of the country.    In addition to the 6-month 
bank account, you can use:                                 ble to you.                                                 extension, taxpayers who are out of the country 
EFTPS, or
Federal Tax Collection Service (same-day                         You may not be eligible.   You cannot               can request a discretionary 2-month additional 
  wire transfer).                                           !      use  the  automatic  6-month  extension             extension of time to file their returns (to Decem-
If you do not have a U.S. bank account, ask if             CAUTION of time to file if:                                 ber 15 for calendar year taxpayers).
your financial institution has a U.S. affiliate that         You want the IRS to figure your tax, or                    To  request  this  extension,  you  must  send 
can help you make same-day wire transfers.                   You are under a court order to file by the              the IRS a letter explaining the reasons why you 
For more information, visit EFTPS.gov. Also,                   regular due date.                                       need the additional 2 months. Send the letter by 
                                                                                                                       the extended due date (October 15 for calendar 
see the International Guide for Paying Federal                                                                         year taxpayers) to the following address:
Taxes     Electronically,   available      at               E-file options.  You can use e-file to get an 
download.EFTPS.gov/                                        extension  of  time  to  file.  You  can  either  file          Department of the Treasury
International_Taxpayer_Fact_Sheet_1010.pdf.                Form 4868 electronically or you can pay part or                 Internal Revenue Service
                                                           all of your estimate of tax due using a credit or               Austin, TX 73301-0045
Extensions                                                 debit card or direct transfer. You can do this by 
                                                           phone or over the Internet. You don’t file Form                You will not receive any notification from the 
You can get an extension of time to file your re-          4868.                                                       IRS unless your request is denied.
turn. In some circumstances, you can also get               First, complete Form 4868 to use as a work-                   The discretionary 2-month additional exten-
an extension of time to file and pay any tax due.          sheet. If you think you may owe tax when you                sion is not available to taxpayers who have an 
                                                           file  your  return,  use Part  II  of  the  form  to  esti- approved  extension  of  time  to  file  on Form 
However,  if  you  pay  the  tax  due  after  the          mate your balance due.                                      2350, discussed next.
regular due date, interest will be charged from             Then, do one of the following.
the  regular  due  date  until  the  date  the  tax  is    1.  E-file Form 4868. You can use a tax soft-               Extension of time to meet residency tests. 
paid.                                                          ware package with your personal com-                    You cannot generally get an extension of more 
                                                               puter or a tax professional to file Form                than 6 months. However, if you are outside the 
This  publication  discusses  four  extensions:                4868 electronically. You will need to pro-              United  States  and  meet  certain  requirements, 
an automatic 2-month extension, an automatic                   vide certain information from your tax re-              you may be able to get a longer extension.
6-month  extension,  an  additional  extension  for            turn for 2021. If you wish to make a pay-                  You  can  get  an  extension  of  more  than  6 
taxpayers out of the country, and an extension                 ment by electronic funds withdrawal, see                months  to  file  your  tax  return  if  you  need  the 
of time to meet residency tests. If you served in              the instructions for Form 4868. If you e-file           time to meet either the bona fide residence test 
a  combat  zone  or  qualified  hazardous  duty                Form 4868, do not also send a paper                     or the physical presence test to qualify for either 
area, see Pub. 3 for a discussion of extensions                Form 4868 unless you also mail a check or               the foreign earned income exclusion or the for-
of deadlines.                                                  money order for your tax payment.                       eign housing exclusion or deduction. The tests, 
                                                                                                                       the exclusions, and the deduction are explained 
                                                           2.  E-file and pay by credit or debit card.                 in chapter 4.
Automatic  2-month  extension.         You  are  al-           You can get an extension by paying part or                 You should request an extension if all three 
lowed  an  automatic  2-month  extension  to  file             all of your estimate of tax due by using a              of the following apply.
your  return  and  pay  federal  income  tax  if  you          credit or debit card. You can do this by 
                                                               phone or over the Internet. If you do this,             1. You are a U.S. citizen or resident alien.
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2. You expect to meet either the bona fide                a  trade  or  business  that  maintains  separate       country,  include  a  separate  information  return 
    residence test or the physical presence               books and records.                                      for each country.
    test, but not until after your tax return is 
    due.                                                  Even if you have a QBU, your functional cur-            Income becomes unblocked and reportable 
                                                          rency is the dollar if any of the following apply.      for tax purposes when it becomes convertible, 
3. Your tax home is in a foreign country (or              You conduct the business in U.S. dollars.             or when it is converted, into U.S. dollars or into 
    countries) throughout your period of bona             The principal place of business is located            other money or property that is convertible into 
    fide residence or physical presence,                    in the United States.                                 U.S. currency. Also, if you use blocked income 
    whichever applies.                                    You choose to or are required to use the              for your personal expenses or dispose of it by 
If you are granted an extension, it will gener-             U.S. dollar as your functional currency.              gift, bequest, or devise, you must treat it as un-
ally  be  to  30  days  beyond  the  date  on  which      The business books and records are not                blocked and reportable.
you can reasonably expect to qualify for an ex-             kept in the currency of the economic envi-
clusion or deduction under either the bona fide             ronment in which a significant part of the            If  you  have  received  blocked  income  on 
residence test or the physical presence test.               business activities is conducted.                     which you have not paid tax, you should check 
How to get an extension.     To obtain an ex-             Make all income tax determinations in your              to see whether that income is still blocked. If it is 
tension, file Form 2350 either by giving it to a lo-      functional  currency.  If  your  functional  currency   not, you should take immediate steps to pay tax 
cal IRS representative or other IRS employee or           is the U.S. dollar, you must immediately trans-         on it, file a declaration or amended declaration 
by mailing it to:                                         late  into  U.S.  dollars  all  items  of  income,  ex- of  estimated  tax,  and  include  the  income  on 
                                                          pense, etc. (including taxes), that you receive,        your tax return for the year in which the income 
    Department of the Treasury                            pay, or accrue in a foreign currency and that will      became unblocked.
    Internal Revenue Service                              affect computation of your income tax. Use the 
    Austin, TX 73301-0045                                 exchange  rate  prevailing  when  you  receive,         If you choose to postpone reporting blocked 
                                                          pay, or accrue the item. You can generally get          income and in a later tax year you wish to begin 
                                                          exchange  rates  from  banks  and  U.S.  Embas-         including  it  in  gross  income  although  it  is  still 
You must file Form 2350 by the due date for               sies.  You  may  also  need  to  recognize  foreign     blocked, you must obtain the permission of the 
filing  your  return.  Generally,  if  both  your  tax    currency  gain  or  loss  on  certain  foreign  cur-    IRS to do so. To apply for permission, file Form 
home  and  your  abode  are  outside  the  United         rency  transactions.  See  section  988  and  the       3115,  Application  for  Change  in  Accounting 
States and Puerto Rico on the regular due date            regulations thereunder.                                 Method. You must also request permission from 
of  your  return  and  you  file  on  a  calendar  year                                                           the IRS on Form 3115 if you have not chosen to 
basis, the due date for filing your return is June        If you have a QBU with a functional currency            defer  the  reporting  of  blocked  income  in  the 
15.                                                       that is not the U.S. dollar, make all income de-        past,  but  now  wish  to  begin  reporting  blocked 
                                                          terminations  in  the  QBU's  functional  currency,     income  under  the  deferred  method.  See  the 
What if tests are not met.   If you obtain an             and, where appropriate, translate such income           Instructions  for  Form  3115  for  information  on 
extension  and  unforeseen  events  make  it  im-         or loss at the appropriate exchange rate.               changing your accounting method.
possible  for  you  to  meet  either  the  bona  fide 
residence  test  or  the  physical  presence  test, 
you should file your income tax return as soon            Blocked Income                                          Fulbright Grant
as possible because you must pay interest on 
any tax due after the regular due date of the re-         You must generally report your foreign income           All income must be reported in U.S. dollars. In 
turn (even though an extension was granted).              in terms of U.S. dollars and, with one exception        most cases, the tax must also be paid in U.S. 
                                                          (see Fulbright Grant, later), you must pay taxes        dollars.  If,  however,  at  least  70%  of  your  Ful-
        You  should  make  any  request  for  an          due on it in U.S. dollars.                              bright grant has been paid in nonconvertible for-
!       extension  early,  so  that  if  it  is  denied                                                           eign  currency  (blocked  income),  you  can  use 
CAUTION you  still  can  file  your  return  on  time.    If, because of restrictions in a foreign coun-          the currency of the host country to pay the part 
Otherwise,  if  you  file  late  and  additional  tax  is try,  your  income  is  not  readily  convertible  into of the U.S. tax that is based on the blocked in-
due, you may be subject to a penalty.                     U.S. dollars or into other money or property that       come.
                                                          is readily convertible into U.S. dollars, your in-
Return filed before test is met.       If you file        come  is  “blocked”  or  “deferrable”  income.  You     Paying  U.S.  tax  in  foreign  currency.   To 
a  return  before  you  meet  the  bona  fide  resi-      can  report  this  income  in  one  of  the  following  qualify  for  this  method  of  payment,  you  must 
dence  test  or  the  physical  presence  test,  you      two ways.                                               prepare a statement that shows the following in-
must include all income from both U.S. and for-           Report the income and pay your federal in-            formation.
eign sources and pay the tax on that income. If             come tax with U.S. dollars that you have in           You were a Fulbright grantee and were 
you later meet either of the tests, you can claim           the United States or in some other country.             paid in nonconvertible foreign currency.
the  foreign  earned  income  exclusion,  the  for-       Postpone the reporting of the income until            The total grant you received during the 
eign  housing  exclusion,  or  the  foreign  housing        it becomes unblocked.                                   year and the amount you received in non-
deduction on Form 1040-X.                                                                                           convertible foreign currency.
                                                          If  you  choose  to  postpone  the  reporting  of       At least 70% of the grant was paid in non-
Foreign Currency                                          the income, you must file an information return           convertible foreign currency.
                                                          with your tax return. For this information return,      The statement must be certified by the U.S. ed-
                                                          you should use another Form 1040 or 1040-SR             ucational foundation or commission paying the 
You  must  express  the  amounts  you  report  on         labeled  “Report  of  Deferrable  Foreign  Income,      grant  or  other  person  having  control  of  grant 
your  U.S.  tax  return  in  U.S.  dollars.  If  you  re- pursuant  to  Rev.  Rul.  74-351.”  You  must  de-      payments to you.
ceive all or part of your income, or pay some or          clare on the information return that you will in-       You  should  prepare  at  least  two  copies  of 
all  of  your  expenses,  in  foreign  currency,  you     clude the deferrable income in your taxable in-         this  statement.  Attach  one  copy  to  your  Form 
must  translate  the  foreign  currency  into  U.S.       come  for  the  year  that  it  becomes  unblocked.     1040  or  1040-SR  and  keep  the  other  copy  for 
dollars. How you do this depends on your func-            You must also state that you waive any right to         identification  purposes  when  you  make  a  tax 
tional currency. Your functional currency is gen-         claim that the deferrable income was includible         deposit of nonconvertible foreign currency.
erally the U.S. dollar unless you are required to         in your income for any earlier year. For detailed 
use the currency of a foreign country.                    information see Rev. Rul. 74-351, 1974-2 C.B.           Figuring  actual  tax. When  you  prepare 
You must make all federal income tax deter-               144.                                                    your income tax return, you may owe tax or the 
                                                                                                                  entire liability may have been satisfied with your 
minations in your functional currency. The U.S.           You must report your income on your infor-              estimated tax payments. If you owe tax, figure 
dollar is the functional currency for all taxpayers       mation  return  using  the  foreign  currency  in       the part due to (and payable in) the nonconver-
except some qualified business units (QBUs). A            which  you  received  that  income.  If  you  have      tible foreign currency by using the following for-
QBU is a separate and clearly identified unit of          blocked  income  from  more  than  one  foreign         mula.
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         Adjusted                                     Does My Return Have To Be                                     Send your return to:
         gross                                        on Paper?                                                     Virgin Islands Bureau
      income that 
      is blocked                      Tax on                               IRS     e-file  (electronic  fil-      of Internal Revenue
         income   ×   Total  =        blocked                              ing)  is  the  fastest,  easi-         6115 Estate Smith Bay
          Total     U.S. tax          income                               est,  and  most  conven-               St. Thomas, Virgin Islands 00802
         adjusted                                     ient  way  to  file  your  income  tax  return 
         gross                                        electronically.
         income                                                                                               Non-USVI resident with USVI income.     If you 
                                                      IRS e-file offers accurate, safe, and fast alterna-     are a U.S. citizen or resident alien and you have 
  You must attach all of the following to the re-     tives to filing on paper. IRS computers quickly         income from sources in the USVI or income ef-
turn.                                                 and  automatically  check  for  errors  or  other       fectively connected with the conduct of a trade 
A copy of the certified statement discussed         missing information.                                    or business in the USVI, and you are not a bona 
  earlier.                                                                                                    fide resident of the USVI during your entire tax 
A detailed statement showing the alloca-            Note. Returns  with  a  foreign  address  can  be       year, you must file identical tax returns with the 
  tion of tax from amounts received in for-           e-filed.                                                United States and the USVI. File the original re-
  eign currency and the rates of exchange                                                                     turn  with  the  United  States  and  file  a  signed 
  used in determining your tax liability in U.S.                           How  to  e-file.  There 
  dollars.                                                                 are three ways you can             copy  of  the  U.S.  return  (including  all  attach-
The original deposit receipt for any bal-                                e-file.                            ments, forms, and schedules) with the Virgin Is-
                                                                                                              lands Bureau of Internal Revenue. 
  ance of tax due that you paid in noncon-            1. Use your personal computer.                          You must complete Form 8689 and attach a 
  vertible foreign currency.
                                                      2. Use a volunteer. Many programs offering              copy to both your U.S. return and your USVI re-
  Figuring  estimated  tax  on  nonconverti-              free tax help can e-file your return.               turn.  You  should  file  your  U.S.  return  with  the 
ble foreign currency. If you are liable for esti-                                                             address listed under Where To File, earlier.
mated  tax  (discussed  later),  figure  the amount   3. Use a tax professional. Most tax professio-          See   Pub.  570  for  information  about  filing 
you can pay to the IRS in nonconvertible foreign          nals can e-file your return.                        U.S. Virgin Islands returns.
currency using the following formula.                 These methods are explained in detail in the in-
                                                      structions for your tax return.                         Resident of Guam.    If you are a bona fide resi-
      Adjusted                                                                                                dent  of  Guam  during  your  entire  tax  year,  you 
  gross income                                                                                                should file a return with Guam.
      that is                   Estimated             Where To File                                                 Send your return to:
      blocked       Total             tax on 
      income      × estimated U.S.  = blocked         If any of the following situations apply to you, do           Department of Revenue and Taxation
      Total           tax             income          not file your return with the service center listed         Government of Guam
      adjusted                                        for your home state.                                        P.O. Box 23607
  gross income                                          You claim the foreign earned income ex-                 GMF, GU 96921
                                                          clusion.
  If you must pay your host country income tax          You claim the foreign housing exclusion or 
on  your  grant,  subtract  any  estimated  foreign       deduction.                                          However, if you have income from sources 
tax credit that applies to your grant from the es-      You live in a foreign country.                      within Guam and you are a U.S. citizen or resi-
timated tax on the blocked income.                                                                            dent alien, but not a bona fide resident of Guam 
                                                      Instead, use one of the following special ad-           during the entire tax year, you should file a re-
Deposit of foreign currency with disbursing           dresses.  If  you  are  not  enclosing  a  check  or    turn with the United States. Send your return to 
officer. Once you have determined the amount          money order, file your return with:                     the address listed under Where To File, earlier.
of the actual tax or estimated tax that you can                                                               See   Pub.  570  for  information  about  filing 
pay in nonconvertible foreign currency, deposit           Department of the Treasury                          Guam returns.
that  amount  with  the  disbursing  officer  of  the     Internal Revenue Service
Department  of  State  in  the  foreign  country  in      Austin, TX 73301-0215 USA                           Resident  of  the  Commonwealth  of  the 
which the foundation or commission paying the                                                                 Northern Mariana Islands (CNMI).        If you are 
grant is located.                                                                                             a  bona  fide  resident  of  the  CNMI  during  your 
                                                      If you are enclosing a check or money order, file 
  Estimated  tax  installments. You  can  ei-         your return with:                                       entire tax year, you should file a return with the 
ther  deposit  the  full  estimated  tax  amount  be-                                                         CNMI.
fore the first installment due date or make four          Internal Revenue Service                                  Send your return to:
equal  payments  before  the  installment  due            P.O. Box 1303
dates. See Estimated Tax Payments, later.                 Charlotte, NC 28201-1303 USA                              Division of Revenue and Taxation
                                                                                                                  Commonwealth of the Northern Mariana 
  Deposit  receipt. Upon  accepting  the  for-        If  you  do  not  know  where  your  legal  resi-           Islands
eign  currency,  the  disbursing  officer  will  give dence is and you do not have a principal place              P.O. Box 5234, CHRB
you a receipt in duplicate. The original of this re-  of  business  in  the  United  States,  you  can  file      Saipan, MP 96950
ceipt  (showing  the  amount  of  foreign  currency   with the appropriate address listed above.
deposited  and  its  equivalent  in  U.S.  dollars) 
should  be  attached  to  your  Form  1040  or        However,  you  should  not  file  with  the  ad-        However, if you have income from sources 
1040-SR or payment voucher from       Form 1040-      dresses listed above if you are a bona fide resi-       within  the  CNMI  and  you  are  a  U.S.  citizen  or 
ES. Keep the copy for your records.                   dent  of  the  U.S.  Virgin  Islands,  Guam,  or  the   resident  alien,  but  not  a  bona  fide  resident  of 
                                                      Commonwealth of the Northern Mariana Islands            the CNMI during the entire tax year, you should 
                                                      during your entire tax year.                            file  a  return  with  the  United  States.  Send  your 
                                                                                                              return  to  the  address  listed  under Where  To 
                                                      Resident  of  the  U.S.  Virgin  Islands  (USVI).       File, earlier.
                                                      If you are a bona fide resident of the USVI dur-        See   Pub.  570  for  information  about  filing 
                                                      ing  your  entire  tax  year,  you  are  generally  not CNMI returns.
                                                      required  to  file  a  U.S.  return.  However,  you 
                                                      must file a return with the USVI.                       Note. Puerto Rico and American Samoa have 
                                                                                                              their  own  separate  and  independent  tax 
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systems.  Although  their  tax  laws  are  modeled    the  choice  and  for  all  later  years  unless  the  resident.  Follow  the Instructions  for  Form  W-7 
on  the  U.S.  Internal  Revenue  Code,  there  are   choice  is  ended  or  suspended.  Although  Pat       to submit your Form W-7 and file your return.
certain  differences  in  law  and  tax  rates.  See  and Norman must file a joint return for the year 
Pub. 570 for information about tax obligations in     they make the choice, they can file either joint       Individual  taxpayer  identification  number 
Puerto Rico and American Samoa.                       or separate returns for later years.                   (ITIN) renewal. Your spouse may need to re-
                                                                                                             new  the  ITIN.  For  more  information,  go  to 
                                                      Example  2.  When  Bob  and  Sharon  Wil-              IRS.gov/ITIN.
Nonresident Alien                                     liams  got  married,  both  were  nonresident  ali-
                                                      ens.  In  June  of  last  year,  Bob  became  a  resi-
Spouse Treated as a                                   dent alien and remained a resident for the rest        How To Make the Choice
                                                      of the year. Bob and Sharon both choose to be 
Resident                                              treated as resident aliens by attaching a state-       Attach a statement, signed by both spouses, to 
                                                      ment to their joint return for last year. Bob and      your joint return for  the first  tax year for which 
If, at the end of your tax year, you are married      Sharon must report their worldwide income for          the choice applies. It should contain the follow-
and  one  spouse  is  a  U.S.  citizen  or  resident  last year and all later years unless the choice is     ing.
alien and the other is a nonresident alien, you       ended or suspended. Bob and Sharon must file             A declaration that one spouse was a non-
can  choose  to  treat  the  nonresident  as  a  U.S. a joint return for last year, but they can file either     resident alien and the other spouse a U.S. 
resident.  This  election  includes  situations  in   joint or separate returns for later years.                 citizen or resident alien on the last day of 
which  one of  you  is  a  nonresident alien at the                                                              your tax year and that you choose to be 
beginning of the tax year and a resident alien at         If you do not choose to treat your non-                treated as U.S. residents for the entire tax 
the end of the year and the other is a nonresi-       TIP resident  alien  spouse  as  a  U.S.  resi-            year.
dent alien at the end of the year.                        dent, you may be able to use head of                 The name, address, and SSN (or ITIN) of 
                                                      household filing status. To use this status, you           each spouse. (If one spouse died, include 
If  you  make  this  choice,  the  following  two     must pay more than half the cost of maintaining            the name and address of the person mak-
rules apply.                                          a household for certain dependents or relatives            ing the choice for the deceased spouse.)
You and your spouse are treated, for in-            other  than  your  nonresident  alien  spouse.  For 
  come tax purposes and purposes of wage              more information, see Pub. 501.                        You  generally  make  this  choice  when  you 
  withholding, as U.S. residents for the tax                                                                 file  your  joint  return.  However,  you  can  also 
  year in which the election is made and all                                                                 make the choice by filing a joint amended return 
  future tax years until the election is termi-       Social Security Number                                 on Form 1040-X. Attach Form 1040 or 1040-SR 
  nated or suspended because neither                  (SSN)                                                  and  enter  “Amended”  across  the  top  of  the 
  spouse is a citizen or resident of the United                                                              amended return. If you make the choice with an 
  States at any time during a year.                   If  you  choose  to  treat  your  nonresident  alien   amended  return,  you  and  your  spouse  must 
You must file a joint income tax return for         spouse  as  a  U.S.  resident,  your  spouse  must     also amend any returns that you may have filed 
  the year you make the choice and attach a           have  either  an  SSN  or  an  individual  taxpayer    after the year for which you made the choice.
  statement as described under How To                 identification number (ITIN).
  Make the Choice, later.                                                                                    You  must  generally  file  the  amended  joint 
                                                      To  get  an  SSN  for  a  nonresident  alien           return  within  3  years  from  the  date  you  filed 
This means that neither of you can claim under        spouse, apply at an office of the U.S. Social Se-      your original U.S. income tax return or 2 years 
any tax treaty not to be a U.S. resident for a tax    curity  Administration  (SSA)  or  U.S.  consulate.    from the date you paid your income tax for that 
year for which the choice is in effect.               For  more  information  go  to SSA.gov  or  call       year, whichever is later.
                                                      800-772-1213.
Example  1.  Pat  Smith,  a  U.S.  citizen,  is 
married  to  Norman,  a  nonresident  alien.  Pat     If the nonresident alien spouse is not eligible 
and Norman make the choice to treat Norman            to  get  an  SSN,  the  spouse  can  file Form  W-7    Suspending the Choice
as a resident alien by attaching a statement to       with  the  IRS  to  apply  for  an  ITIN  when  you 
their  joint  return.  Pat  and  Norman  must  report timely file the joint return on which you choose       The  choice  to  be  treated  as  a  resident  alien 
their worldwide income for the year they make         to treat your nonresident alien spouse as a U.S.       does not apply to any later tax year if neither of 
Table 1-1.   Options for Ending the Choice To Treat Nonresident Alien Spouse as a Resident

Revocation         Either spouse can revoke the choice for any tax year.
                   The revocation must be made by the due date for filing the tax return for that tax year.
                   The spouse who revokes the choice must attach a signed statement declaring that the choice is being revoked. The statement 
                   revoking the choice must include the following.
                        The name, address, and SSN (or TIN) of each spouse.
                        The name and address of any person who is revoking the choice for a deceased spouse.
                        A list of any states, foreign countries, and U.S. territories that have community property laws in which either spouse is 
                          domiciled or where real property is located from which either spouse receives income. 
                   If the spouse revoking the choice does not have to file a return and does not file a claim for refund, send the statement to the 
                   Internal Revenue Service Center where the last joint return was filed.
Death              The death of either spouse ends the choice, beginning with the first tax year following the year in which the spouse died.
                   If the qualifying surviving spouse is a U.S. citizen or resident alien and is entitled to the joint tax rates as a qualifying surviving 
                   spouse, the choice will not end until the close of the last year for which these joint rates may be used.
                   If both spouses die in the same tax year, the choice ends on the first day after the close of the tax year in which the spouses died.
Divorce or legal   A divorce or legal separation ends the choice as of the beginning of the tax year in which the legal separation occurs.
separation
Inadequate records The IRS can end the choice for any tax year that either spouse has failed to keep adequate books, records, and other 
                   information necessary to determine the correct income tax liability, or to provide adequate access to those records.

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you is a U.S. citizen or resident alien at any time      foreign country. You do not need to file the re-         Useful Items
during the later tax year.                               port if the assets are with a U.S. military bank-        You may want to see:
                                                         ing facility operated by a financial institution or if 
Example.     Dick Brown was a resident alien             the  combined  assets  in  the  account(s)  are          Publication
on December 31, 2019, and married to Judy, a             $10,000 or less during the entire year.
nonresident alien. They chose to treat Judy as a         FinCEN Form 114 is filed electronically with               505  505 Tax Withholding and Estimated Tax
resident alien and filed joint income tax returns        the  Financial  Crimes  Enforcement  Network 
for 2019 and 2020. On January 10, 2021, Dick             (FinCEN). The due date for FBAR filings is April         Form (and Instructions)
became  a  nonresident  alien.  Judy  had  re-           15. FinCEN will grant an automatic extension to 
mained a nonresident alien. Because Dick was             October 15 if you are unable to meet the FBAR              673  673 Statement for Claiming Exemption 
a  resident  alien  during  part  of  2021,  Dick  and   annual due date of April 15. The FBAR due date                  From Withholding on Foreign Earned 
Judy  can  file  joint  or  separate  returns  for  that for foreign financial accounts maintained during                Income Eligible for the Exclusion 
year. Neither Dick nor Judy was a resident alien         calendar  year  2022  is  April  18,  2023,  to  coin-          Provided by Section 911
at any time during 2022 and their choice is sus-         cide with the filing date for the 2022 Form 1040           W-4      W-4 Employee's Withholding Allowance 
pended for that year. For 2022, both are treated         or  1040-SR.  For  more  information,  go  to 
as  nonresident  aliens.  If  Dick  becomes  a  resi-    bsaefiling.fincen.treas.gov/main.html.                          Certificate
dent alien again in 2023, their choice is no lon-                                                                   W-9      W-9 Request for Taxpayer Identification 
ger suspended and both are treated as resident           FinCEN  Form  105. You  must  file  FinCEN 
aliens.                                                  Form  105,  Report  of  International  Transporta-              Number and Certification
                                                         tion of Currency or Monetary Instruments, if you         See chapter 7 for information about getting this 
Ending the Choice                                        physically transport, mail, ship, or cause to be         publication and these forms.
                                                         physically transported, mailed, or shipped, into 
                                                         or  out  of  the  United  States,  currency  or  other 
Once made, the choice to be treated as a resi-           monetary  instruments  totaling  more  than 
dent applies to all later years unless suspended         $10,000 at one time. Certain recipients of cur-          Income Tax Withholding
(as  explained  earlier)  or  ended  in  one  of  the    rency  or  monetary  instruments  must  also  file 
ways shown in Table 1-1.                                 FinCEN Form 105.                                         U.S. employers must generally withhold U.S. in-
If the choice is ended for any of the reasons            More information about the filing of FinCEN              come tax from the pay of U.S. citizens working 
listed in Table 1-1, neither spouse can make a           Form  105  can  be  found  in  the  instructions  on     abroad unless the employer is required by for-
choice in any later tax year.                            the  back  of  the  form,  available  at fincen.gov/     eign law to withhold foreign income tax.
                                                         sites/default/files/shared/fin105_cmir.pdf.
                                                                                                                  Foreign  earned  income  exclusion.        Your 
                                                         Form 8938.   You must file Form 8938 to report           employer  does  not  have  to  withhold  U.S.  in-
Estimated Tax Payments                                   the ownership of specified foreign financial as-         come taxes from wages you earn abroad if it is 
                                                         sets if the total value of those assets exceeds          reasonable to believe that you will exclude them 
The requirements for determining who must pay            an applicable threshold amount (the “reporting           from  income  under  the  foreign  earned  income 
estimated tax are the same for a U.S. citizen or         threshold”).  The  reporting  threshold  varies  de-     exclusion or the foreign housing exclusion.
resident abroad as for a taxpayer in the United          pending  on  whether  you  live  in  the  United         Your  employer  should  withhold  taxes  from 
States.                                                  States, are married, or file a joint income tax re-      any  wages  you  earn  for  working  in  the  United 
In general, you don’t have to make estima-               turn  with  your  spouse.  Specified  foreign  finan-    States.
ted tax payments if you expect that your 2023            cial assets include any financial account main-          Statement.     You  can  give  a  statement  to 
Form 1040 or 1040-SR will show a tax refund or           tained  by  a  foreign  financial  institution  and,  to your  employer  indicating  that  you  expect  to 
a tax balance due of less than $1,000. For more          the extent held for investment, any stock, secur-        qualify for the foreign earned income exclusion 
information  on  whether  you  are  required  to         ities, or any other interest in a foreign entity and     under either the bona fide residence test or the 
make  estimated  tax  payments  seeForm  1040-           any financial instrument or contract with an is-         physical presence test and indicating your esti-
ES and  Estimated  Tax  for  2023  in  Pub.  505         suer or counterparty that is not a U.S. person.          mated housing cost exclusion.
(2023).                                                  You may have to pay penalties if you are re-             Form  673  is  an  acceptable  statement.  You 
                                                         quired to file Form 8938 and fail to do so, or if        can use Form 673 only if you are a U.S. citizen. 
Foreign  earned  income  exclusion. When                 you have an understatement of tax due to any             You do not have to use the form and can pre-
figuring  your  estimated  gross  income,  subtract      transaction involving an undisclosed foreign fi-         pare your own statement. For more information, 
amounts  you  expect  to  exclude  under  the  for-      nancial asset.                                           go to IRS.gov/Form 673.
eign  earned  income  exclusion  and  the  foreign       More  information  about  the  filing  of  Form          Generally, your employer can stop the with-
housing exclusion. In addition, you can reduce           8938 can be found in the separate        Instructions    holding once you submit the statement that in-
your income by your estimated foreign housing            for Form 8938.                                           cludes a declaration that the statement is made 
deduction. However, you must estimate tax on                                                                      under penalties of perjury. However, if your em-
your  nonexcluded  income  using  the  tax  rates                                                                 ployer  has  reason  to  believe  that  you  will  not 
that will apply had you not excluded the income.                                                                  qualify  for  either  the  foreign  earned  income  or 
If the actual amount of the exclusion or deduc-                                                                   the  foreign  housing  exclusion,  your  employer 
tion is less than you estimate, you may have to                                                                   must continue to withhold.
pay  a  penalty  for  underpayment  of  estimated                                                                 Your  employer  must  consider  any  informa-
tax.                                                     2.                                                       tion  about  pay  you  received  from  any  other 
For  more  information,  see  the  Instructions                                                                   source outside the United States in determining 
for Form 2555.                                                                                                    whether  your  foreign  earned  income  is  more 
                                                                                                                  than  the  limit  on  either  the  foreign  earned  in-
                                                         Withholding Tax                                          come  exclusion  or  the  foreign  housing  exclu-
Other Forms You May                                                                                               sion.
Have To File                                             Topics                                                   Foreign  tax  credit. If  you  plan  to  take  a  for-
                                                         This chapter discusses:                                  eign tax credit, you may be able to adjust your 
FinCEN  Form  114.  You  must  file  FinCEN                                                                       withholding  on  Form  W-4.  You  can  take  these 
Form  114,  Report  of  Foreign  Bank  and  Finan-       Withholding income tax from the pay of                 additional tax credits only for foreign tax credits 
cial Accounts (FBAR), if you had any financial             U.S. citizens,                                         attributable  to  taxable  salary  or  wage  income. 
interest in, or signature or other authority over, a     Withholding tax at a flat rate, and                    For  more  information,  see  the  instructions  for 
bank, securities, or other financial account in a        Social security and Medicare taxes.                    Step 3 of Form W-4.
Page 8    Chapter 2    Withholding Tax



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Withholding  from  pension  payments.       U.S.                                                               entities.  For  a  corporation,  the  10%  interest 
payers of benefits from employer-deferred com-                                                                 must be in its voting stock. For any other entity, 
pensation  plans,  individual  retirement  plans,         Social Security and                                  the 10% interest must be in its profits.
and commercial annuities must generally with-                                                                  Form 2032 is used by American employers 
hold  income  tax  from  payments  delivered  out-        Medicare Taxes
                                                                                                               to extend social security coverage to U.S. citi-
side of the United States. You can choose ex-                                                                  zens and resident aliens working abroad for for-
emption from withholding if you:                          Social  security  and  Medicare  taxes  may  apply 
Provide the payer of the benefits with a                to  wages  paid  to  an  employee  regardless  of    eign affiliates of American employers. Once you 
  residence address in the United States or               where the services are performed.                    enter  into  an  agreement,  coverage  cannot  be 
                                                                                                               terminated.
  a U.S. territory, or
Certify to the payer that you are not a U.S.            General Information                                  Excludable meals and lodging.  Social secur-
  citizen or resident alien or someone who                                                                     ity tax doesn’t apply to the value of meals and 
  left the United States to avoid tax.                    In  general,  U.S.  social  security  and  Medicare  lodging provided to you for the convenience of 
                                                          taxes  do  not  apply  to  wages  for  services  you your employer if it is reasonable to believe that 
Check  your  withholding.  Before  you  report            perform  as  an  employee  outside  the  United      you will be able to exclude the value from your 
U.S. income tax withholding on your tax return,           States  unless  one  of  the  following  exceptions  income.
you  should  carefully  review  all  information          applies.
documents,  such  as  Form  W-2  and  the  Form 
1099  information  returns.  Compare  other  re-          1. You perform the services on or in connec-         Bilateral Social Security 
cords, such as final pay records or bank state-             tion with an American vessel or aircraft           (Totalization) Agreements
ments,  with  Form  W-2  or  Form  1099  to  verify         (defined later) and either:
the  withholding  on  these  forms.  Check  your            a. You entered into your employment                The United States has entered into agreements 
U.S.  income  tax  withholding  even  if  you  pay                contract within the United States, or        with some foreign countries to coordinate social 
someone  else  to  prepare  your  tax  return.  You                                                            security coverage and taxation of workers who 
may be assessed penalties and interest if you               b. The vessel or aircraft touches at a             are employed in those countries. These agree-
claim  more  than  your  correct  amount  of  with-               U.S. port while you are employed on          ments are commonly referred to as “totalization 
holding allowances.                                               it.                                          agreements.”  Under  these  agreements,  dual 
                                                          2. The service is designated as employment           coverage and dual contributions (taxes) for the 
                                                            for U.S. social security and Medicare tax          same  work  are  eliminated.  The  agreements 
30% Flat Rate                                               purposes under a bilateral social security         generally make sure that you pay social security 
                                                            (totalization) agreement (discussed later).        taxes to only one country.
Withholding
                                                          3. You are working for an American employer          Generally, under these agreements, you will 
Generally, U.S. source gross income that is not             (defined later).                                   only  be  subject  to  social  security  taxes  in  the 
effectively  connected  to  a  U.S.  trade  or  busi-     4. You are working for a foreign affiliate (de-      country where you are working. However, if you 
ness, such as U.S. source dividends and royal-              fined later) of an American employer un-           are temporarily sent to work in a foreign country 
ties, is subject to withholding tax at a flat 30%           der a voluntary agreement entered into             and your pay would otherwise be subject to so-
(or lower treaty) rate if paid to nonresident ali-          between the American employer and the              cial security taxes in both the United States and 
ens.  If  you  are  a  U.S.  citizen  or  resident  alien   U.S. Department of the Treasury.                   that country, you can generally remain covered 
and this tax is withheld in error from payments                                                                only by U.S. social security.
to you because you have a foreign address, you            American  vessel  or  aircraft. An  American         You  can  get  more  information  on  specific 
should notify the payer of the income to stop the         vessel is any vessel documented or numbered          agreements at           SSA.gov/International/ 
withholding. Use Form W-9 to notify the payer.            under  the  laws  of  the  United  States  and  any  Agreement     and                       IRS.gov/
You can claim the tax withheld in error as a              other vessel whose crew is employed solely by        TotalizationAgreements.
withholding  credit  on  your  tax  return  if  the       one or more U.S. citizens, residents, or corpo-
amount  isn’t  adjusted  by  the  payer.  See  the        rations. An American aircraft is an aircraft regis-         You can write to:
Instructions for Form 1040 for how to claim the           tered under the laws of the United States.
                                                                                                                      Social Security Administration
credit.                                                                                                        Office of Data Exchange
                                                          American  employer.  An  American  employer 
Social security benefits paid to residents.   If          includes any of the following.                       and International Agreements
you are a lawful permanent resident (green card           The U.S. Government or any of its instru-          6401 Security Blvd., 4700 Annex
holder) and a flat 30% tax was withheld in error            mentalities.                                       Baltimore, MD 21235
on your social security benefits, you must file a         An individual who is a resident of the Uni-
Form 1040 or 1040-SR with the Internal Reve-                ted States.
nue Service Center at the address listed under            A partnership of which at least two-thirds of             You  may  also  contact  the  Office  Of 
Where  To  File,  earlier,  to  determine  if  you  are     the partners are U.S. residents.                          Earnings  and  International  Operations 
entitled  to  a  refund.  The  following  information     A trust of which all the trustees are U.S.                by phone if you speak English. You can 
must  be  submitted  with  your  Form  1040  or             residents.                                         call the office at 410-965-0160. You will need to 
1040-SR.                                                  A corporation organized under the laws of          pay for the call because it is not a toll-free serv-
A copy of Form SSA-1042S, Social Secur-                   the United States, any U.S. state, or the          ice  for  calls  from  outside  the  United  States.  If 
  ity Benefit Statement.                                    District of Columbia, Puerto Rico, the U.S.        you call, please do so between  9:00  a.m.  and 
A copy of your “green card.”                              Virgin Islands, Guam, or American Samoa.           4:00 p.m. Eastern U.S. Time.
A signed declaration that includes the fol-             An  American  employer  also  includes  any 
  lowing statements.                                      foreign  person  with  an  employee  who  is  per-   Covered by United States only. If your pay in 
  “I am a U.S. lawful permanent resident and              forming  services  in  connection  with  a  contract a foreign country is subject only to U.S. social 
  my green card has been neither revoked                  between  the  U.S.  Government  (or  any  instru-    security  tax  and  is  exempt  from  foreign  social 
  nor administratively or judicially deter-               mentality thereof) and a member of a domesti-        security tax, your employer should get a certifi-
  mined to have been abandoned. I am filing               cally controlled group of entities which includes    cate of coverage from the SSA’s Office of Earn-
  a U.S. income tax return for the tax year as            such foreign person.                                 ings  and  International  Operations.  Employers 
  a resident alien reporting all of my world-                                                                  can  request  a  certificate  of  coverage  online  at 
  wide income. I have not claimed benefits                Foreign  affiliate. A  foreign  affiliate  of  an    SSA.gov/international/CoC_link.html.
  for the tax year under an income tax treaty             American  employer  is  any  foreign  entity  in 
  as a nonresident alien.”                                which  the  American  employer  has  at  least  a    Covered by foreign country only.        If you are 
                                                          10%  interest,  directly  or  through  one  or  more permanently  working  in  a  foreign  country  with 
                                                                                                               Chapter 2  Withholding Tax    Page 9



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which  the  United  States  has  a  social  security                             See chapter  7  for  information  about  getting     This subject is discussed in further detail in 
agreement and, under the agreement, your pay                                     these publications and forms.                        Pub. 517.
is exempt from U.S. social security tax, you or 
your employer should get a statement from the 
                                                                                                                                      Income From U.S. Territories
authorized  official  or  agency  of  the  foreign                               Who Must Pay 
country verifying that your pay is subject to so-                                                                                     If  you  are  a  U.S.  citizen  or  resident  alien  and 
cial security coverage in that country.                                          Self-Employment Tax?                                 you own and operate a business in a U.S. terri-
If  the  authorities  of  the  foreign  country  will                                                                                 tory (Puerto Rico, Guam, the Commonwealth of 
not issue such a statement, either you or your                                   If you are a self-employed U.S. citizen or resi-
employer should get a statement from the U.S.                                    dent,  the  rules  for  paying  self-employment  tax the  Northern  Mariana  Islands,  American  Sa-
SSA’s Office of Earnings and International Op-                                   are generally the same whether you are living in     moa, or the U.S. Virgin Islands), you must pay 
erations at the website listed earlier. The state-                               the United States or abroad.                         tax on your net earnings from self-employment 
                                                                                                                                      (if they are $400 or more) from those sources. 
ment  should  indicate  that  your  wages  aren’t                                The self-employment tax is a social security         You must pay the self-employment tax whether 
covered by the U.S. social security system.                                      and Medicare tax on net earnings from self-em-       or not the income is exempt from U.S. income 
This statement should be kept by your em-                                        ployment. You must pay self-employment tax if        taxes (or whether or not you must otherwise file 
ployer  because  it  establishes  that  your  pay  is                            your net earnings from self-employment are at        a U.S. income tax return). Unless your situation 
exempt from U.S. social security tax.                                            least $400.                                          is described below, attach Schedule SE (Form 
Only  wages  paid  on  or  after  the  effective                                 For 2022, the maximum amount of net earn-            1040) to your U.S. income tax return.
date  of  the  totalization  agreement  can  be  ex-                             ings from self-employment that is subject to the     If  you  do  not  have  to  file  Form  1040  or 
empt from U.S. social security tax.                                              social security portion of the tax is $147,000. All  1040-SR with the United States and you are a 
                                                                                 net earnings are subject to the Medicare portion     resident of any of the U.S. territories listed in the 
                                                                                 of the tax. Additional Medicare Tax may apply        preceding  paragraph,  figure  your  self-employ-
                                                                                 to  you  if  your  net  earnings  from  self-employ- ment  tax  on  Form  1040-SS.  Residents  of  Pu-
                                                                                 ment  exceed  a  threshold  amount  (based  on       erto Rico may file the Spanish-language Formu-
                                                                                 your filing status).                                 lario 1040-PR.
3.                                                                               Employed by a U.S. Church                            If  you  are  not  enclosing  a  check  or  money 
                                                                                                                                      order, file your return with:
                                                                                 If  you  were  employed  by  a  U.S.  church  or  a 
Self-Employment                                                                  qualified  church-controlled  organization  that         Department of the Treasury
                                                                                 chose exemption from social security and Medi-           Internal Revenue Service
                                                                                 care taxes and you received wages of $108.28             Austin, TX 73301-0215
Tax                                                                              or  more  from  the  organization,  the  amounts 
                                                                                 paid to you are subject to self-employment tax.      If you are enclosing a check or money order, 
                                                                                 However,  you  can  choose  to  be  exempt  from     file your return with:
Topics                                                                           social security and Medicare taxes if you are a 
This chapter discusses:                                                          member  of  a  recognized  religious  sect.  See         Internal Revenue Service
                                                                                 Pub. 517 for more information about church em-           P.O. Box 1303
Who must pay self-employment tax,                                              ployees and self-employment tax.                         Charlotte, NC 28201-1303
Who is exempt from self-employment tax,
Who can defer self-employment tax 
  payments, and                                                                  Effect of Exclusion
Which self-employed individuals can take                                                                                            Exemption From 
  the refundable income tax credits for sick                                     You  must  take  all  of  your  self-employment  in-
  and family leave.                                                              come into account in figuring your net earnings      Dual-Country Social 
                                                                                 from self-employment, even income that is ex-
                                                                                 empt  from  income  tax  because  of  the  foreign   Security and Medicare 
Useful Items                                                                     earned income exclusion.                             Taxes
You may want to see:
                                                                                 Example.    You are in business abroad as a 
Publication                                                                      consultant and qualify for the foreign earned in-    The United States may reach agreements with 
                                                                                 come exclusion. Your foreign earned income is        foreign  countries  to  eliminate  dual  coverage 
    334 334 Tax Guide for Small Business                                         $95,000,  your  business  deductions  total          and dual contributions (taxes) to social security 
    517 517 Social Security and Other Information                                $27,000,  and  your  net  profit  is  $68,000.  You  systems for the same work. See Bilateral Social 
        for Members of the Clergy and                                            must pay self-employment tax on your net profit      Security (Totalization) Agreements in chapter 2 
        Religious Workers                                                        of  $68,000,  even  though  you  are  qualified  for under Social Security and Medicare Taxes. As 
                                                                                 the foreign earned income exclusion.                 a general rule, self-employed persons who are 
                                                                                                                                      subject to dual taxation will only be covered by 
Form (and Instructions)                                                                                                               the social security system of the country where 
    Formulario 1040-PR                Formulario 1040-PR Planilla para la        Members of the Clergy                                they reside. For more information on how a spe-
        Declaración de la Contribución                                                                                                cific agreement affects self-employed persons, 
        Federal sobre el Trabajo por Cuenta                                      If you are a member of the clergy, you are trea-     seeBilateral  Social  Security (Totalization) 
        Propia                                                                   ted  as  self-employed  for  self-employment  tax    Agreements in chapter 2.
                                                                                 purposes.  Your  U.S.  self-employment  tax  is 
    Form 1040-SS         Form 1040-SS U.S. Self-Employment                       based upon net earnings from self-employment         If your self-employment earnings should be 
        Tax Return                                                               figured without regard to the foreign earned in-     exempt from foreign social security tax and sub-
                                                                                 come  exclusion  or  the  foreign  housing  exclu-   ject  only  to  U.S.  self-employment  tax,  you 
    Form 4361  Form 4361 Application for Exemption                               sion.                                                should  request  a  certificate  of  coverage  from 
        From Self-Employment Tax for Use                                                                                              the U.S. SSA’s Office of Earnings and Interna-
        by Ministers, Members of Religious                                       You  can  receive  exemption  from  coverage         tional  Operations.  The  certificate  will  establish 
        Orders and Christian Science                                             for your ministerial duties if you conscientiously   your exemption from the foreign social security 
        Practitioners                                                            oppose  public  insurance  due  to  religious  rea-  tax.
                                                                                 sons or if you oppose it due to the religious prin-
    Schedule SE (Form 1040)                              Schedule SE (Form 1040) ciples of your denomination. You must file Form      You  can  request  a  certificate  of  coverage 
        Self-Employment Tax                                                      4361 to apply for this exemption.                    online at SSA.gov/international/CoC_link.html.
Page 10    Chapter 3                  Self-Employment Tax



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                                                       You may also be entitled to exclude from in-            Tax Home
                                                       come the value of meals and lodging provided 
                                                       to  you  by  your  employer.  See Exclusion  of         Your tax home is the general area of your main 
4.                                                     Meals and Lodging, later.                               place of business, employment, or post of duty, 
                                                                                                               regardless  of  where  you  maintain  your  family 
                                                                                                               home.  Your  tax  home  is  the  place  where  you 
Foreign Earned                                         Requirements                                            are permanently or indefinitely engaged to work 
                                                                                                               as  an  employee  or  self-employed  individual. 
                                                       To claim the foreign earned income exclusion,           Having a “tax home” in a given location doesn’t 
Income and                                             the  foreign  housing  exclusion,  or  the  foreign     necessarily mean that the given location is your 
                                                       housing  deduction,  you  must  meet  all  three  of    residence or domicile for tax purposes.
                                                       the following requirements.
Housing:                                                                                                       If you do not have a regular or main place of 
                                                       1. Your tax home must be in a foreign coun-             business  because  of  the  nature  of  your  work, 
                                                       try.
Exclusion –                                                                                                    your tax home may be the place where you reg-
                                                       2. You must have foreign earned income.                 ularly live. If you have neither a regular or main 
Deduction                                              3. You must be one of the following.                    place of business nor a place where you regu-
                                                                                                               larly  live,  you  are  considered  an  itinerant  and 
                                                       a. A U.S. citizen who is a bona fide resi-              your tax home is wherever you work.
                                                           dent of a foreign country or countries 
Topics                                                     for an uninterrupted period that in-                You aren’t considered to have a tax home in 
This chapter discusses:                                    cludes an entire tax year.                          a  foreign  country  for  any  period  in  which  your 
  Who qualifies for the foreign earned               b. A U.S. resident alien who is a citizen               abode  is  in  the  United  States,  unless  you  are 
    income exclusion, the foreign housing                  or national of a country with which the             serving in support of the U.S. Armed Forces in 
    exclusion, and the foreign housing                     United States has an income tax                     an  area  designated  as  a  combat  zone.  See 
    deduction;                                             treaty in effect and who is a bona fide             Service  in  a  combat  zone,  later.  Otherwise,  if 
  The requirements that must be met to                   resident of a foreign country or coun-              your abode is in the United States, you will not 
    claim either of the exclusions or the                  tries for an uninterrupted period that              meet  the  tax  home  test  and  cannot  claim  the 
    deduction;                                             includes an entire tax year.                        foreign earned income exclusion.

  How to determine the amount of the                 c. A U.S. citizen or a resident alien who               The  location  of  your  abode  is  based  on 
    foreign earned income exclusion; and                   is physically present in a foreign coun-            where you maintain your family, economic, and 
  How to figure the foreign housing                      try or countries for at least 330 full              personal ties. Your abode is not necessarily in 
    exclusion and the foreign housing                      days during any period of 12 consec-                the United States merely because you maintain 
    deduction.                                             utive months.                                       a dwelling in the United States, whether or not 
Useful Items                                           See Pub.  519  to  find  out  if  you  are  a  U.S.     your  spouse  or  dependents  use  the  dwelling. 
You may want to see:                                   resident alien for tax purposes and whether you         Your abode is also not necessarily in the United 
                                                       keep  that  alien  status  when  you  temporarily       States  while  you  are  temporarily  in  the  United 
                                                       work abroad.                                            States; however, these factors can contribute to 
Publication                                                                                                    your having an abode in the United States.
    519 519 U.S. Tax Guide for Aliens                  If  you  are  a  nonresident  alien  married  to  a 
                                                       U.S. citizen or resident alien, and both you and        Example  1. You  are  employed  on  an  off-
    570 570 Tax Guide for Individuals With             your spouse choose to treat you as a resident           shore oil rig in the territorial waters of a foreign 
        Income From U.S. Possessions                   alien, you are a resident alien for tax purposes.       country and work a 28-day on/28-day off sched-
    596 596 Earned Income Credit (EIC)                 For information on making the choice, see the           ule.  You  return  to  your  family  residence  in  the 
                                                       discussion in chapter 1 under Nonresident Alien         United States during your off periods. You are 
Form (and Instructions)                                Spouse Treated as a Resident.                           considered  to  have  an  abode  in  the  United 
                                                                                                               States and don’t satisfy the tax home test in the 
    1040-X       1040-X Amended U.S. Individual Income Waiver of minimum time requirements.       The          foreign country. You can’t claim either of the ex-
        Tax Return                                     minimum time requirements for bona fide resi-           clusions or the housing deduction.
    2555    2555 Foreign Earned Income                 dence and physical presence can be waived if 
                                                       you  must  leave  a  foreign  country  because  of      Example 2.  For several years, you were a 
See chapter  7  for  information  about  getting       war, civil unrest, or similar adverse conditions in     marketing executive with a producer of machine 
these publications and forms.                          that  country.  This  is  fully  explained  under       tools in Toledo, Ohio. In November of last year, 
                                                       Waiver of Time Requirements, later.                     your employer transferred you to London, Eng-
                                                       See Figure 4-A and information in this chap-            land,  for  a  minimum  of  18  months  to  set  up  a 
Who Qualifies for the                                  ter to determine if you are eligible to claim either    sales operation for Europe. Before you left, you 
                                                       one of the exclusions or the deduction.                 distributed  business  cards  showing  your  busi-
Exclusions and the                                                                                             ness and home addresses in London. You kept 
                                                                                                               ownership of your home in Toledo but rented it 
Deduction?                                             Tax Home in Foreign                                     to another family. You placed your car in stor-
If you meet certain requirements, you may qual-        Country                                                 age. In November of last year, you moved your 
                                                                                                               spouse, children, furniture, and family pets to a 
ify for the foreign earned income exclusion and        To qualify for the foreign earned income exclu-         home your employer rented for you in London.
foreign housing exclusion or the foreign housing       sion,  the  foreign  housing  exclusion,  or  the  for- Shortly  after  moving,  you  leased  a  car  and 
deduction.                                             eign housing deduction, your tax home must be           you  and  your  spouse  got  British  driver’s  licen-
If you are a U.S. citizen or resident alien and        in  a  foreign  country  throughout  your  period  of   ses. Your entire family got library cards for the 
you  live  abroad,  you  are  taxed  on  your  world-  bona  fide  residence  or  physical  presence           local  public  library.  You  and  your  spouse 
wide income. However, you may qualify to ex-           abroad.  See Bona  Fide  Residence  Test  and           opened bank accounts with a London bank and 
clude from income up to $112,000 of your for-          Physical Presence Test, later.                          secured  consumer  credit.  You  joined  a  local 
eign  earnings.  In  addition,  you  can  exclude  or                                                          business league and both you and your spouse 
deduct  certain  foreign  housing  amounts.  See                                                               became active in the neighborhood civic asso-
Foreign Earned Income Exclusion and    Foreign                                                                 ciation  and  worked  with  a  local  charity.  Your 
Housing Exclusion and Deduction, later.                                                                        abode is in London for the time you live there. 
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Figure 4-A.    Can I Claim Either Exclusion or the Deduction?

         Start Here
         Do you have foreign  Yes Is your tax home in a              Yes Are you a U.S. citizen?                No     Are you a U.S. resident No
         earned income?           foreign country?                                                                     alien?
               No                                     No                                   Yes                               Yes

                                                                         Were you a bona de                           Are you a citizen or
                                                                         resident of a foreign                         national of a country
                                                                         country or countries                   Yes    with which the United
                                                                         for an uninterrupted                          States has an income
                                                                         period that includes an                       tax treaty in effect?
                                                                         entire tax year?
                                                                         No                       Yes                                       No

                                                                                               You CAN          claim the
                                                                                               foreign earned income
                                                                                               exclusion and the
                                                                                               foreign housing
                                                                                               exclusion or the foreign
                                                                                               housing deduction.*

                                                                         Were you physically
                                                                         present in a foreign
                                                                         country or countries for               Yes
                                                                         at least 330 full days
                                                                         during any period of 12
                                                                         consecutive months?
                                                                         No

                                  You CANNOT claim the foreign earned income exclusion, the
                                  foreign housing exclusion, or the foreign housing deduction.

* Foreign housing exclusion applies only to employees. Foreign housing deduction applies only to the self-employed.
You  satisfy  the  tax  home  test  in  the  foreign  employment  becomes  your  tax  home  and  you            present  in  a  foreign  country.  A  foreign  country 
country.                                              wouldn’t be able to deduct any of the related ex-         includes any territory under the sovereignty of a 
                                                      penses that you have in the general area of this          government  other  than  that  of  the  United 
Service  in  a  combat  zone. U.S.  citizens  or      new work assignment. If your new tax home is              States.
residents serving in an area designated by the        in a foreign country and you meet the other re-
President of the United States by Executive Or-       quirements,  your  earnings  may  qualify  for  the       The  term  “foreign  country”  includes  the 
der  as  a  combat  zone  for  purposes  of  section  foreign earned income exclusion.                          country's airspace and territorial waters, but not 
112  in  support  of  the  U.S.  Armed  Forces  can                                                             international  waters  and  the  airspace  above 
qualify as having a tax home in a foreign coun-       If  you  expect  your  employment  away  from             them. It also includes the seabed and subsoil of 
try, even if they have an abode within the United     home  in  a  single  location  to  last,  and  it  does   those submarine areas adjacent to the country's 
States.  For  a  list  of  IRS-recognized  combat     last,  for  1  year  or  less,  it  is  temporary  unless territorial  waters  over  which  it  has  exclusive 
zones,  go  to IRS.gov/Newsroom/Combat-               facts and circumstances indicate otherwise.               rights under international law to explore and ex-
Zones.                                                                                                          ploit the natural resources.
                                                      If you expect it to last for more than 1 year, it         The  term  “foreign  country”  doesn’t  include 
                                                      is indefinite.                                            Antarctica  or  U.S.  territories  such  as  Puerto 
Temporary or Indefinite                                                                                         Rico,  Guam,  the  Commonwealth  of  the  North-
Assignment                                            If you expect it to last for 1 year or less, but          ern  Mariana  Islands,  the  U.S.  Virgin  Islands, 
                                                      at  some  later  date  you  expect  it  to  last  longer  and American Samoa. For purposes of the for-
The location of your tax home often depends on        than 1 year, it is temporary (in the absence of           eign  earned  income  exclusion,  the  foreign 
whether your assignment is temporary or indefi-       facts  and  circumstances  indicating  otherwise)         housing exclusion, and the foreign housing de-
nite. If you are temporarily absent from your tax     until your expectation changes. Once your ex-             duction,  the  terms  “foreign,”  “abroad,”  and 
home  in  the  United  States  on  business,  you     pectation changes, it is indefinite.                      “overseas”  refer  to  areas  outside  the  United 
may  be  able  to  deduct  your  away-from-home                                                                 States  and  those  areas  listed  or  described  in 
expenses  (for  travel,  meals,  and  lodging),  but  Foreign Country                                           the previous sentence.
you  wouldn’t  qualify  for  the  foreign  earned  in-
come exclusion. If your new work assignment is        To  meet  the  bona  fide  residence  test  or  the 
for  an  indefinite  period,  your  new  place  of    physical  presence  test,  you  must  live  in  or  be 
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American Samoa, Guam, and the                           Bona  fide  residence. To  meet  the  bona  fide       Example  2. You  are  a  U.S.  citizen  in  the 
Commonwealth of the Northern                            residence  test,  you  must  have  established  a      United Kingdom who qualifies as an “employee” 
Mariana Islands                                         bona fide residence in a foreign country.              of an armed service or as a member of a “civil-
                                                        Your  bona  fide  residence  isn’t  necessarily        ian component” under the North Atlantic Treaty 
Residence  or  presence  in  a  U.S.  territory         the  same  as  your  domicile.  Your  domicile  is     Status of Forces Agreement. You aren’t a bona 
doesn’t  qualify  you  for  the  foreign  earned  in-   your permanent  home, the place to  which you          fide resident of the United Kingdom.
come exclusion. You may, however, qualify for           always return or intend to return.
an  exclusion  of  your  territory  income  on  your                                                           Example  3. You  are  a  U.S.  citizen  em-
U.S. return.                                            Example. You could have your domicile in               ployed in Japan by a U.S. employer under con-
                                                        Cleveland, Ohio, and a bona fide residence in          tract with the U.S. Armed Forces. You are sub-
American  Samoa.     There  is  a  territory  exclu-    Edinburgh,  Scotland,  if  you  intend  to  return     ject  to  the  agreement  of  the  Treaty  of  Mutual 
sion available to individuals who are bona fide         eventually to Cleveland.                               Cooperation  and  Security  between  the  United 
residents of American Samoa for the entire tax          The  fact  that  you  go  to  Scotland  does  not      States and Japan. Being subject to the agree-
year. Gross income from sources within Ameri-           automatically  make  Scotland  your  bona  fide        ment doesn’t make you a bona fide resident of 
can  Samoa  may  be  eligible  for  this  exclusion.    residence. If you go there as a tourist, or on a       Japan.
Income  that  is  effectively  connected  with  the     short  business  trip,  and  return  to  the  United 
conduct of a trade or business within American          States, you haven’t established bona fide resi-        Example  4. You  are  a  U.S.  citizen  em-
Samoa may also be eligible for this exclusion.          dence in Scotland. But if you go to Scotland to        ployed as an “official” by the United Nations in 
Use Form 4563 to figure the exclusion.                  work  for  an  indefinite  or  extended  period  and   Switzerland. You are exempt from Swiss taxa-
                                                        you  set  up  permanent  quarters  there  for  your-   tion on the salary or wages paid to you by the 
Guam and the Commonwealth of the North-                 self and your family, you have probably estab-         United  Nations.  This  doesn’t  prevent  you  from 
ern  Mariana  Islands. An  exclusion  will  be          lished a bona fide residence in a foreign coun-        being a bona fide resident of Switzerland.
available  to  residents  of  Guam  and  the  Com-      try, even though you intend to return eventually 
monwealth  of  the  Northern  Mariana  Islands  if,     to the United States.                                  Effect  of  voting  by  absentee  ballot. If  you 
and  when,  new  implementation  agreements             You are clearly not a resident of Scotland in          are a U.S. citizen living abroad, you can vote by 
take  effect  between  the  United  States  and         the first instance. However, in the second, you        absentee ballot in any election held in the Uni-
those territories.                                      are  a  resident  because  your  stay  in  Scotland    ted States without risking your status as a bona 
For more information, see Pub. 570.                     appears  to  be  permanent.  If  your  residency  is   fide resident of a foreign country.
                                                        not as clearly defined as either of these illustra-    However, if you give information to the local 
                                                        tions, it may be more difficult to decide whether      election officials about the nature and length of 
Puerto Rico and the U.S. Virgin                         you have established a bona fide residence.            your stay abroad that does not match the infor-
Islands                                                                                                        mation you give for the bona fide residence test, 
                                                        Determination.      Questions of bona fide res-        the information given in connection with absen-
Residents of Puerto Rico and the U.S. Virgin Is-        idence are determined according to each indi-          tee  voting  will  be  considered  in  determining 
lands can’t claim the foreign earned income ex-         vidual case, taking into account factors such as       your  status,  but  won’t  necessarily  be  conclu-
clusion or the foreign housing exclusion.               your intention, the purpose of your trip, and the      sive.
                                                        nature and length of your stay abroad.
Puerto Rico. Generally, if you are a U.S. citi-         To  meet  the  bona  fide  residence  test,  you       Uninterrupted  period  including  entire  tax 
zen who is a bona fide resident of Puerto Rico          must show the IRS that you have been a bona            year. To  meet  the  bona  fide  residence  test, 
for the entire tax year, you aren’t subject to U.S.     fide resident of a foreign country or countries for    you  must  reside  in  a  foreign  country  or  coun-
tax on income from Puerto Rican sources. This           an uninterrupted period that includes an entire        tries for an uninterrupted period that includes an 
doesn’t include amounts paid for services per-          tax  year.  The  IRS  decides  whether  you  are  a    entire tax year. An entire tax year is from Janu-
formed  as  an  employee  of  the  United  States.      bona  fide  resident  of  a  foreign  country  largely ary 1 through December 31 for taxpayers who 
However, you are subject to U.S. tax on your in-        on the basis of facts you report on Form 2555.         file their income tax returns on a calendar year 
come from sources outside Puerto Rico. In fig-          The  IRS  cannot  make  this  determination  until     basis.
uring your U.S. tax, you can’t deduct expenses          you file Form 2555.                                    During the period of bona fide residence in a 
allocable to income not subject to tax.                                                                        foreign  country,  you  can  leave  the  country  for 
                                                        Statement to foreign authorities.   You aren’t         brief  or  temporary  trips  back  to  the  United 
                                                        considered  a  bona  fide  resident  of  a  foreign    States  or  elsewhere  for  vacation  or  business. 
Bona Fide Residence Test                                country if you make a statement to the authori-        To keep your status as a bona fide resident of a 
                                                        ties of that country that you aren’t a resident of     foreign country, you must have a clear intention 
You meet the bona fide residence test if you are        that country, and the authorities:                     of returning from such trips, without unreasona-
a  bona  fide  resident  of  a  foreign  country  or    Hold that you aren’t subject to their income         ble delay, to your foreign residence or to a new 
countries  for  an  uninterrupted  period  that  in-      tax laws as a resident, or                           bona fide residence in another foreign country.
cludes an entire tax year. You can use the bona         Haven’t made a final decision on your sta-
fide residence test to qualify for the exclusions         tus.                                                 Example 1.  You arrived with your family in 
and the deduction only if you are either:                                                                      Lisbon,  Portugal,  on  November  1,  2021.  Your 
  A U.S. citizen, or                                  Special agreements and treaties.    An income          assignment is indefinite, and you intend to live 
  A U.S. resident alien who is a citizen or na-       tax exemption provided in a treaty or other inter-     there with your family until your company sends 
    tional of a country with which the United           national  agreement  won’t  in  itself  prevent  you   you to a new post. You immediately established 
    States has an income tax treaty in effect.          from  being  a  bona  fide  resident  of  a  foreign   residence  there.  You  spent  April  of  2022  at  a 
                                                        country. Whether a treaty prevents you from be-        business conference in the United States. Your 
You do not automatically acquire bona fide              coming a bona fide resident of a foreign country       family  stayed  in  Lisbon.  Immediately  following 
resident  status  merely  by  living  in  a  foreign    is determined under all provisions of the treaty,      the  conference,  you  returned  to  Lisbon  and 
country or countries for 1 year. If you go to a for-    including  specific  provisions  relating  to  resi-   continued living there. On January 1, 2023, you 
eign  country  to  work  on  a  particular  job  for  a dence or privileges and immunities.                    completed an uninterrupted period of residence 
specified period of time, you won’t ordinarily be                                                              for a full tax year (2022), and you meet the bona 
regarded as a bona fide resident of that country        Example  1. You  are  a  U.S.  citizen  em-            fide residence test.
even  though  you  work  there  for  1  tax  year  or   ployed  in  the  United  Kingdom  by  a  U.S.  em-
longer. The length of your stay and the nature of       ployer  under  contract  with  the  U.S.  Armed        Example  2. Assume  the  same  facts  as  in 
your job are only two of the factors to be consid-      Forces. You aren’t subject to the North Atlantic       Example 1, except that you transferred back to 
ered in determining whether you meet the bona           Treaty  Status  of  Forces  Agreement.  You  may       the United States on December 13, 2022. You 
fide residence test.                                    be a bona fide resident of the United Kingdom.         would not meet the bona fide residence test be-
                                                                                                               cause  your  bona  fide  residence  in  the  foreign 

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Figure 4-B.   How To Figure Overlapping 12-Month Periods
              This gure illustrates Example 2 under    How to figure the 12-month period.
                          First Full 12-Month Period

Jan         Feb Mar   Apr May          Jun Jul          Aug    Sep Oct Nov Dec    Jan             Feb Mar         Apr May     Jun Jul        Aug
’21         ’21 ’21   ’21 ’21          ’21 ’21          ’21    ’21 ’21 ’21 ’21    ’22             ’22 ’22         ’22 ’22     ’22 ’22        ’22
            *                                                                                     *

* 28-day vacation in the United States                                            Second Full 12-Month Period

country,  although  it  lasted  more  than  a  year,    Physical Presence Test                                    June  10  and  arrive  in  Kenya  at  12:30  a.m.  on 
didn’t include a full tax year. You may, however,                                                                 June 11. Your first full day in a foreign country is 
qualify for the foreign earned income exclusion         You meet the physical presence test if you are            June 11.
or the housing exclusion or deduction under the         physically present in a foreign country or coun-          Change of location.        You can move about 
physical presence test (discussed later).               tries for 330 full days during a period of 12 con-        from one place to another in a foreign country or 
                                                        secutive months. The 330 days don’t have to be            to  another  foreign  country  without  losing  full 
Bona fide resident for part of a year.     Once         consecutive.  Any  U.S.  citizen  or  resident  alien     days. If any part of your travel is not within any 
you have established bona fide residence in a           can use the physical presence test to qualify for         foreign  country  and  takes  less  than  24  hours, 
foreign country for an uninterrupted period that        the exclusions and the deduction.                         you  are  considered  to  be  in  a  foreign  country 
includes an entire tax year, you are a bona fide 
resident  of  that  country  for  the  period  starting The physical presence test is based only on               during that part of travel.
with the date you actually began the residence          how long you stay in a foreign country or coun-
and ending with the date you abandon the for-           tries.  This  test  doesn’t  depend  on  the  kind  of    Example  1.     You  leave  Ireland  by  air  at 
eign  residence.  Your  period  of  bona  fide  resi-   residence  you  establish,  your  intentions  about       11:00  p.m.  on  July  6  and  arrive  in  Sweden  at 
dence can include an entire tax year plus parts         returning,  or  the  nature  and  purpose  of  your       3:00 a.m. on July 7. Your trip takes less than 24 
of 2 other tax years.                                   stay abroad.                                              hours and you lose no full days.
Example.     You were a bona fide resident of           330 full days. Generally, to meet the physical            Example  2.     You  leave  Norway  by  ship  at 
Singapore  from  March  1,  2020,  through  Sep-        presence  test,  you  must  be  physically  present       10:00  p.m.  on  July  6  and  arrive  in  Portugal  at 
tember 14, 2022. On September 15, 2022, you             in a foreign country or countries for at least 330        6:00 a.m. on July 8. Since your travel isn’t within 
returned to the United States. Since you were a         full  days  during  a  12-month  period.  You  can        a foreign country or countries and the trip takes 
bona fide resident of a foreign country for all of      count  days  you  spent  abroad  for  any  reason.        more than 24 hours, you lose as full days July 6, 
2021,  you  were  also  a  bona  fide  resident  of  a  You don’t have to be in a foreign country only            7, and 8. If you remain in Portugal, your next full 
foreign country from March 1, 2020, through the         for employment purposes. You can be on vaca-              day in a foreign country is July 9.
end of 2020 and from January 1, 2022, through           tion.
September 14, 2022.                                     You don’t meet the physical presence test if              In  United  States  while  in  transit. If  you 
                                                        illness, family problems, a vacation, or your em-         are  in  transit  between  two  points  outside  the 
Reassignment.         If  you  are  assigned  from      ployer's orders cause you to be present for less          United States and are physically present in the 
one foreign post to another, you may or may not         than the required amount of time.                         United States for less than 24 hours, you aren’t 
have a break in foreign residence between your                                                                    treated  as  present  in  the  United  States  during 
assignments, depending on the circumstances.            Exception.     You  can  be  physically  present          the  transit.  You  are  treated  as  traveling  over 
                                                        in  a  foreign  country  or  countries  for  less  than   areas not within any foreign country.
Example  1.     You  were  a  resident  of  Paki-       330  full  days  and  still  meet  the  physical  pres-
stan from October 1, 2021, through November             ence test if you are required to leave a country          How  to  figure  the  12-month  period. There 
30, 2022. On December 1, 2022, you and your             because  of  war  or  civil  unrest.  See Waiver  of      are  four  rules  you  should  know  when  figuring 
family returned to the United States to wait for        Time Requirements, later.                                 the 12-month period.
an assignment to another foreign country. Your                                                                      Your 12-month period can begin with any 
household goods were also returned to the Uni-          Full day.  A full day is a period of 24 consecu-              day of the month. It ends the day before 
ted States.                                             tive hours, beginning at midnight.                            the same calendar day, 12 months later.
Your foreign residence ended on November                                                                            Your 12-month period must be made up of 
30, 2022, and did not begin again until after you       Travel. When  you  leave  the  United  States  to             consecutive months. Any 12-month period 
were  assigned  to  another  foreign  country  and      go directly to a foreign country or when you re-              can be used if the 330 days in a foreign 
physically  entered  that  country.  Since  you         turn directly to the United States from a foreign             country fall within that period.
weren’t a bona fide resident of a foreign country       country, the time you spend on or over interna-             You don’t have to begin your 12-month pe-
for the entire tax year of 2021 or 2022, you don’t      tional waters doesn’t count toward the 330-day                riod with your first full day in a foreign 
meet the bona fide residence test in either year.       total.                                                        country or end it with the day you leave. 
You  may,  however,  qualify  for  the  foreign                                                                       You can choose the 12-month period that 
earned income exclusion or the housing exclu-           Example.     You  leave  the  United  States  for             gives you the greatest exclusion.
sion  or  deduction  discussed  under  Physical         France by air on June 10. You arrive in France              In determining whether the 12-month pe-
Presence Test, later.                                   at  9:00  a.m.  on  June  11.  Your  first  full  day  of     riod falls within a longer stay in the foreign 
                                                        physical presence in France is June 12.                       country, 12-month periods can overlap one 
                                                                                                                      another.
Example  2.     Assume  the  same  facts  as  in        Passing over foreign country.      If, in travel-
Example 1, except that upon completion of your          ing from the United States to a foreign country,          Example 1.      You are a construction worker 
assignment  in  Pakistan  you  were  given  a  new      you pass over a foreign country before midnight           who works on and off in a foreign country over a 
assignment  to  Turkey.  On  December  1,  2022,        of the day you leave, the first day you can count         20-month period. You might pick up the 330 full 
you  and  your  family  returned  to  the  United       toward the 330-day total is the day following the         days in a 12-month period only during the mid-
States  for  a  month's  vacation.  On  January  2,     day you leave the United States.                          dle months of the time you work in the foreign 
2023,  you  arrived  in  Turkey  for  your  new  as-
                                                                                                                  country  because  the  first  few  and  last  few 
signment.  Because  you  didn’t  interrupt  your        Example.     You  leave  the  United  States  by          months  of  the  20-month  period  are  broken  up 
bona fide residence abroad, you meet the bona           air at 9:30 a.m. on June 10 to travel to Kenya.           by long visits to the United States.
fide residence test.                                    You pass over western Africa at 11:00 p.m. on 
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Example 2.     You work in New Zealand for a             Foreign Earned Income                                 reimbursements  are  considered  earned  in-
20-month period from January 1, 2021, through                                                                  come.
August  31,  2022,  except  that  you  spend  28         To claim the foreign earned income exclusion, 
days in February 2021 and 28 days in February            the  foreign  housing  exclusion,  or  the  foreign   Noncash  income.   The  fair  market  value  of 
2022 on vacation in the United States. You are           housing  deduction,  you  must  have  foreign         property  or  facilities  provided  to  you  by  your 
present  in  New  Zealand  for  at  least  330  full     earned income.                                        employer in the form of lodging, meals, or use 
days during each of the following two 12-month                                                                 of a car is earned income.
periods: January 1, 2021 – December 31, 2021,            Foreign earned income is generally income 
and September 1, 2021 – August 31, 2022. By              you  receive  for  services  you  perform  during  a  Allowances  or  reimbursements. Earned  in-
overlapping  the  12-month  periods  in  this  way,      period in which you meet both of the following        come  includes  allowances  or  reimbursements 
you  meet  the  physical  presence  test  for  the       requirements.                                         you receive, such as the following amounts.
whole 20-month period. See Figure 4-B.                     Your tax home is in a foreign country.            Cost-of-living allowances.
                                                           You meet either the bona fide residence           Overseas differential.
Waiver of Time                                               test or the physical presence test.               Family allowance.
                                                                                                               Reimbursement for education or education 
Requirements                                             To determine whether your tax home is in a for-         allowance.
                                                         eign country, see Tax Home in Foreign Country,        Home leave allowance.
Both the bona fide residence test and the physi-         earlier.  To  determine  whether  you  meet  either   Quarters allowance.
cal  presence  test  contain  minimum  time  re-         the  bona  fide  residence  test  or  the  physical   Reimbursement for moving or moving al-
quirements.  The  minimum  time  requirements            presence  test,  see Bona  Fide  Residence  Test        lowance (unless excluded from income as 
can  be  waived,  however,  if  you  must  leave  a      and Physical Presence Test, earlier.                    discussed later in Reimbursement of em-
foreign country because of war, civil unrest, or                                                                 ployee expenses under Earned and Un-
similar adverse conditions in that country. You          Foreign earned income does not include the 
must be able to show that you could have rea-            following amounts.                                      earned Income).
sonably expected to meet the minimum time re-              The value of meals and lodging that you 
quirements if not for the adverse conditions. To             exclude from your income because the              Source of Earned Income
qualify  for  the  waiver,  you  must  actually  have        meals and lodging were furnished for the 
your tax home in the foreign country and be a                convenience of your employer.                     The source of your earned income is the place 
bona  fide  resident  of,  or  be  physically  present     Pension or annuity payments you receive,          where  you  perform  the  services  for  which  you 
in,  the  foreign  country  on  or  before  the  begin-      including social security benefits (see Pen-      received the income. Foreign earned income is 
ning date of the waiver.                                     sions and annuities, later).                      income  you  receive  for  working  in  a  foreign 
                                                           Pay you receive as an employee of the             country. Where or how you are paid has no ef-
Early in 2023, the IRS will publish in the In-               U.S. Government. (See U.S. Government             fect on the source of the income. For example, 
ternal Revenue Bulletin a list of the only coun-             Employees, later.)                                income you receive for work done in Austria is 
tries that qualify for the waiver for 2022 and the         Amounts you include in your income be-            income  from  a  foreign  source  even  if  the  in-
effective  dates.  If  you  left  one of the  countries      cause of your employer's contributions to a       come  is  paid  directly  to  your  bank  account  in 
on or after the date listed for each country, you            nonexempt employee trust or to a nonqua-          the United States and your employer is located 
can meet the bona fide residence test or physi-              lified annuity contract.                          in New York City.
cal presence test for 2022 without meeting the             Payments you receive after the end of the 
minimum time requirement. However, in figuring               tax year following the tax year in which you      Example.   You  are  a  U.S.  citizen,  a  bona 
your  exclusion,  the  number  of  your  qualifying          performed the services that earned the in-        fide resident of Canada, and working as a min-
days  of  bona  fide  residence  or  physical  pres-         come.                                             ing  engineer.  Your  salary  is  $76,800  per  year. 
ence includes only days of actual residence or                                                                 You also receive a $6,000  cost-of-living  allow-
presence within the country.                             Earned income.    This is pay for personal serv-      ance, and a $6,000 education allowance. Your 
                                                         ices  performed,  such  as  wages,  salaries,  or     employment  contract  did  not  indicate  that  you 
                                                         professional fees. The list that follows classifies   were  entitled  to  these  allowances  only  while 
U.S. Travel Restrictions                                 many  types  of  income  into  three  categories.     outside the United States. Your total income is 
If you are present in a foreign country in viola-        The  column  headed  Variable  Income    lists  in-   $88,800.  You  work  a  5-day  week,  Monday 
tion  of  U.S.  law,  you  will  not  be  treated  as  a come  that  may  fall  into  either  the  earned  in- through Friday. After subtracting your vacation, 
bona  fide  resident  of  a  foreign  country  or  as    come category, the unearned income category,          you  have  a  total  of  240  workdays  in  the  year. 
physically present in a foreign country while you        or  partly  into  both.  For  more  information  on   You worked in the United States during the year 
are in violation of the law. Income that you earn        earned and unearned income, see  Earned and           for 6 weeks (30 workdays). The following shows 
from sources within such a country for services          Unearned Income, later.                               how to figure the part of your income that is for 
                                                                                                               work done in Canada during the year.
performed during a period of violation does not 
qualify as foreign earned income. Your housing           Earned        Unearned           Variable               Number of 
expenses  within  that  country  (or  outside  that      Income        Income             Income                 days worked 
country  for  housing  your  spouse  or  depend-
ents) while you are in violation of the law cannot       Salaries and  Dividends          Business               in Canada 
be  included  in  figuring  your  foreign  housing       wages                            profits                during the 
                                                                                                                 year (210)
amount.                                                  Commissions   Interest           Royalties
                                                                                                                 Number of 
At  the  time  this  publication  was  released,         Bonuses       Capital gains      Rents                  days of work   × Total income =  $77,700
the only country to which travel restrictions ap-                                                                during the       ($88,800) 
plied during 2022 was Cuba. However, individu-           Professional  Gambling           Scholarships 
als working at the U.S. Naval Base at Guanta-            fees          winnings           and                    year for 
namo  Bay  in  Cuba  are  not  in  violation  of  U.S.                                    fellowships               which 
law. Personal service income earned by individ-          Tips          Alimony                                   payment 
                                                                                                                 was made 
uals at the base is eligible for the foreign earned                    Social security                              (240)
income  exclusion,  provided  the  other  require-                     benefits
ments are met.                                                                                                 Your  foreign  source  earned  income  is 
                                                                       Pensions
                                                                                                               $77,700.
For current information about travel re-                               Annuities
strictions     go        to  Travel.state.gov/
content/travel/en/international-                         In addition to the types of earned income lis-
travel.html.                                             ted, certain noncash income and allowances or 
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Earned and Unearned Income                               Example  2.    You  are  a  U.S.  citizen  and         Scholarships  and  fellowships. Any  portion 
                                                         work full time as secretary-treasurer of your cor-     of a scholarship or fellowship grant that is paid 
Earned  income  was  defined  earlier  as  pay  for      poration.  During  the  tax  year,  you  receive       to you for teaching, research, or other services 
personal services performed. Some types of in-           $100,000  as  salary  from  the  corporation.  If      is  considered  earned  income  if  you  must  in-
come are not easily identified as earned or un-          $80,000  is  a  reasonable  allowance  as  pay  for    clude it in your gross income. If the payer of the 
earned income. Some of these types of income             the  work  you  did,  then  $80,000  is  earned  in-   grant  is  required  to  provide  you  with  a  Form 
are further explained here.                              come.                                                  W-2, these amounts will be listed as wages.
Income from a sole proprietorship or part-               Stock options. You may have earned income                   Certain  scholarship  and  fellowship  in-
nership. Income from a business in which cap-            if you disposed of stock that you got by exercis-      TIP  come may be exempt under other pro-
ital investment is an important part of producing        ing a stock option granted to you under an em-              visions. For more information, see Pub. 
the income may be unearned income. If you are            ployee stock purchase plan.                            970.
a  sole  proprietor  or  partner  and  your  personal    If your gain on the disposition of stock you 
services are also an important part of producing         got by exercising an option is treated as capital      Use  of  employer's  property  or  facilities. If 
the  income,  the  part  of  the  income  that  repre-   gain, your gain is unearned income.                    you  receive  fringe  benefits  in  the  form  of  the 
sents the value of your personal services will be        However,  if  you  disposed  of  the  stock  less      right  to  use  your  employer's  property  or  facili-
treated as earned income.                                than 2 years after you were granted the option         ties, the fair market value of that right is earned 
Capital a factor. If capital investment is an            or less than 1 year after you got the stock, part      income. Fair market value is the price at which 
important  part  of  producing  income,  no  more        of the gain on the disposition may be earned in-       the  property  would  change  hands  between  a 
than 30% of your share of the net profits of the         come. It is considered received in the year you        willing buyer and a willing seller, neither being 
business is earned income.                               disposed  of  the  stock  and  earned  in  the  year   required to buy or sell, and both having reason-
If  you  have  no  net  profits,  the  part  of  your    you performed the services for which you were          able knowledge of all the necessary facts.
gross profit that represents a reasonable allow-         granted  the  option.  Any  part  of  the  earned  in-
ance for personal services actually performed is         come  that  is  due  to  work  you  did  outside  the  Example.  You  are  privately  employed  and 
considered  earned  income.  Because  you  do            United States is foreign earned income.                live in Japan all year. You are paid a salary of 
not have a net profit, the 30% limit does not ap-        See   Pub. 525, Taxable and Nontaxable In-             $6,000  a  month.  You  live  rent-free  in  a  house 
ply.                                                     come, for a discussion of the treatment of stock       provided by your employer that has a fair rental 
                                                         options.                                               value of $3,000 a month. The house is not pro-
                                                                                                                vided for your employer's convenience. You re-
Example  1. You  are  a  U.S.  citizen  and                                                                     port on the calendar-year, cash basis. You re-
meet the bona fide residence test. You invest in         Pensions and annuities.    For purposes of the 
a  partnership  based  in  Cameroon  that  is  en-       foreign  earned  income  exclusion,  the  foreign      ceived $72,000 salary from foreign sources plus 
gaged solely in selling merchandise outside the          housing exclusion, and the foreign housing de-         $36,000 fair rental value of the house, or a total 
United States. You perform no services for the           duction,  amounts  received  as  pensions  or  an-     of $108,000 of earned income.
partnership.  At  the  end  of  the  tax  year,  your    nuities are unearned income.
                                                                                                                Reimbursement  of  employee  expenses.         If 
share  of  the  net  profits  is  $80,000.  The  entire                                                         you are reimbursed under an accountable plan 
$80,000 is unearned income.                              Royalties. Royalties from the leasing of oil and 
                                                         mineral lands and patents are generally a form         (defined  later)  for  expenses  you  incur  on  your 
Example 2. Assume that in Example 1 you                  of rent or dividends and are unearned income.          employer's behalf and you have adequately ac-
spend time operating the business. Your share            Royalties received by a writer are earned in-          counted to your employer for the expenses, do 
of the net profits is $80,000; 30% of your share         come if they are received:                             not include the reimbursement for those expen-
of  the  profits  is  $24,000.  If  the  value  of  your For the transfer of property rights of the           ses in your earned income.
services for the year is $15,000, your earned in-          writer in the writer's product, or                   The expenses for which you are reimbursed 
come  is  limited  to  the  value  of  your  services,   Under a contract to write a book or series           are  not  considered  allocable  (related)  to  your 
$15,000.                                                   of articles.                                         earned income. If expenses and reimbursement 
                                                                                                                are equal, there is nothing to allocate to exclu-
Capital not a factor. If capital is not an in-           Rental  income. Generally,  rental  income  is         ded income. If expenses are more than the re-
come-producing  factor  and  personal  services          unearned income. If you perform personal serv-         imbursement,  the  unreimbursed  expenses  are 
produce  the  business  income,  the  30%  rule          ices  in  connection  with  the  production  of  rent, considered to have been incurred in producing 
does not apply. The entire amount of business            up to 30% of your net rental income can be con-        earned  income  and  must  be  divided  between 
income is earned income.                                 sidered earned income.                                 your excluded and included income. (See chap-
                                                                                                                ter 5.) If the reimbursement is more than the ex-
Example. You and Lou Green are manage-                   Example.   Larry Smith, a U.S. citizen living          penses, no expenses remain to be divided be-
ment consultants and operate as equal partners           in  Australia,  owns  and  operates  a  rooming        tween  excluded  and  included  income  and  the 
in  performing  services  outside  the  United           house in Sydney. If he is operating the rooming        excess  reimbursement  must  be  included  in 
States.  Because  capital  is  not  an  income-pro-      house  as  a  business  that  requires  capital  and   earned income.
ducing  factor,  all  the  income  from  the  partner-   personal  services,  he  can  consider  up  to  30%    These rules do not apply to the following in-
ship is considered earned income.                        of net rental income as earned income. On the          dividuals.
                                                         other hand, if he just owns the rooming house             Straight-commission salespersons.
Income  from  a  corporation. The  salary  you           and  performs  no  personal  services  connected          Employees who have arrangements with 
receive  from  a  corporation  is  earned  income        with its operation, except perhaps making minor             their employers under which taxes are not 
only if it represents a reasonable allowance as          repairs and collecting rents, none of his net in-           withheld on a percentage of the commis-
compensation for work you do for the corpora-            come from the house is considered earned in-                sions because the employers consider that 
tion. Any amount over what is considered a rea-          come. It is all unearned income.                            percentage to be attributable to the em-
sonable salary is unearned income.                                                                                   ployees' expenses.
                                                         Professional  fees. If  you  are  engaged  in  a 
Example 1. You are a U.S. citizen and an                 professional  occupation  (such  as  a  doctor  or     Accountable plan.      An accountable plan is 
officer and stockholder of a corporation in Hon-         lawyer), all fees received in the performance of       a  reimbursement  or  allowance  arrangement 
duras.  You  perform  no  work  or  service  of  any     these services are earned income.                      that includes all three of the following rules.
kind  for  the  corporation.  During  the  tax  year,                                                              The expenses covered under the plan 
you receive a $10,000 “salary” from the corpo-           Income of an artist. Income you receive from                must have a business connection.
ration.  The  $10,000  clearly  is  not  for  personal   the sale of paintings you created is earned in-           The employee must adequately account to 
services and is unearned income.                         come.                                                       the employer for these expenses within a 
                                                                                                                     reasonable period of time.

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The employee must return any excess re-                 days in 2021 (the year of the move), the reim-           days in 2022 (the year of the move), the includi-
  imbursement or allowance within a reason-               bursement  is  considered  pay  for  services  per-      ble  reimbursement  is  considered  pay  for  serv-
  able period of time.                                    formed in the foreign country for both 2021 and          ices  performed  in  the  foreign  country  for  both 
                                                          2022.                                                    2022 and 2021.
Reimbursement  of  moving  expenses. For                     You figure the part of the reimbursement for          You  figure  the  part  of  the  moving  expense 
tax years beginning after 2017, you can no lon-           services  performed  in  the  foreign  country  in       reimbursement  for  services  performed  in  the 
ger deduct moving expenses. If you received a             2021 by multiplying the total reimbursement by           foreign country for 2022 by multiplying the total 
reimbursement  of  moving  expenses,  please              a  fraction.  The  fraction  is  the  number  of  days   includible  reimbursement  by  a  fraction.  The 
note  that,  in  most  cases,  reimbursement  of          during  which  you  were  a  bona  fide  resident  in    fraction  is  the  number  of  days  of  foreign  resi-
moving  expenses  will  be  earned  income.  This         2021 (the year of the move) divided by 365. The          dence during the year (90) (January 1 to March 
section discusses reimbursements that must be             remaining part of the reimbursement is for serv-         31, 2022, equals 90 days) divided by the num-
included in earned income.                                ices performed in the foreign country in 2022.           ber  of  days  in  the  year  (365).  The  remaining 
The  rules  for  determining  when  the  reim-               This computation is used only to determine            part of the includible reimbursement is for serv-
bursement  is  considered  earned  or  where  the         when the reimbursement is considered earned.             ices  performed  in  the  foreign  country  in  2021. 
reimbursement is considered earned may differ             You would include the amount of the reimburse-           You  report  the  amount  of  the  includible  reim-
somewhat from the general rules previously dis-           ment in income in 2022, the year you received            bursement in 2022, the year you received it.
cussed.                                                   it.
                                                                                                                           In this example, if you met the physical 
Although you receive the reimbursement in                    Move  between  foreign  countries.    If  you         TIP     presence test for a period that included 
one tax year, it may be considered earned for             move  between  foreign  countries,  any  moving                  at least 120 days in 2022, the moving 
services performed, or to be performed, in an-            expense  reimbursement  that  you  must  include         expense  reimbursement  would  be  considered 
other tax year. You must report the reimburse-            in income will be considered earned in the year          earned entirely in the year of the move.
ment as income on your return in the year you             of the move if you qualify for the foreign earned 
receive it, even if it is considered earned during        income  exclusion  for  a  period  that  includes  at    Storage expense reimbursements.         If you 
a different year.                                         least 120 days in the year of the move.                  are reimbursed for storage expenses, the reim-
        Moving  expenses  are  only  deductible                                                                    bursement  is  for  services  you  perform  during 
                                                             Move to United States.   If you move to the           the period of time for which the storage expen-
CAUTION who move pursuant to a military order 
!       for members of the U.S. Armed Forces              United States, the moving expense reimburse-             ses are incurred. 
and incident to a permanent change of station.            ment that you must include in income is gener-
Therefore,  the  exclusion  from  earned  income          ally considered to be U.S. source income.
for qualified moving expenses is, generally, only            However,  if  under  either  an  agreement  be-       U.S. Government Employees
available  to  members  of  the  U.S.  Armed              tween you and your employer or a statement of 
Forces.                                                   company policy that is reduced to writing before         For purposes of the foreign earned income ex-
                                                          your move to the foreign country, your employer          clusion, the foreign housing exclusion, and the 
Move  from  United  States  to  foreign                   will  reimburse  you  for  your  move  back  to  the     foreign  housing  deduction,  foreign  earned  in-
country. If you move from the United States to            United  States  regardless  of  whether  you  con-       come does not include any amounts paid by the 
a  foreign  country,  your  moving  expense  reim-        tinue to work for the employer, the includible re-       United States or any of its agencies to its em-
bursement  is  generally  considered  pay  for  fu-       imbursement  is  considered  compensation  for           ployees. This includes amounts paid from both 
ture services to be performed at the new loca-            past services performed in the foreign country.          appropriated and nonappropriated funds.
tion.  The  reimbursement  is  considered  earned         The  includible  reimbursement  is  considered 
solely in the year of the move if you qualify for         earned in the year of the move if you qualify for        The  following  organizations  (and  other  or-
the exclusion for a period that includes at least         the  foreign  earned  income  exclusion  for  a  pe-     ganizations  similarly  organized  and  operated 
120 days during that tax year.                            riod that includes at least 120 days during that         under  U.S.  Army,  Navy,  or  Air  Force  regula-
If you are neither a bona fide resident of nor            year.  Otherwise,  you  treat  the  includible  reim-    tions)  are  integral  parts  of  the  Armed  Forces, 
physically present in a foreign country or coun-          bursement  as  received  for  services  performed        agencies,  or  instrumentalities  of  the  United 
tries for a period that includes 120 days during          in  the  foreign  country  in  the  year  of  the  move  States.
the  year  of  the  move,  a  portion  of  the  reim-     and the year immediately before the year of the          U.S. Armed Forces exchanges.
bursement is considered earned in the year of             move.                                                    Commissioned and noncommissioned offi-
the move and a portion is considered earned in               See the discussion under Move from United               cers' messes.
the year following the year of the move. To fig-          States  to  foreign  country,  earlier,  to  figure  the Armed Forces motion picture services.
ure the amount earned in the year of the move,            amount of the includible reimbursement consid-           Kindergartens on foreign Armed Forces in-
multiply  the  reimbursement  by  a  fraction.  The       ered  earned  in  the  year  of  the  move.  The           stallations.
numerator (top number) is the number of days              amount  earned  in  the  year  before  the  year  of 
in your qualifying period that fall within the year       the move is the difference between the total in-         Amounts  paid  by  the  United  States  or  its 
of the move, and the denominator (bottom num-             cludible reimbursement and the amount earned             agencies to persons who aren’t their employees 
ber)  is  the  total  number  of  days  in  the  year  of in the year of the move.                                 may qualify for exclusion or deduction.

the move.                                                    Example.  You are a U.S. citizen employed             If you are a U.S. Government employee paid 
The difference between the total reimburse-               in  a  foreign  country.  You  retired  from  employ-    by a U.S. agency that assigned you to a foreign 
ment and the amount considered earned in the              ment  with  your  employer  on  March  31,  2022,        government  to  perform  specific  services  for 
year  of  the  move  is  the  amount  considered          and returned to the United States on the same            which the agency is reimbursed by the foreign 
earned  in  the  year  following  the  year  of  the      day,  after  having  been  a  bona  fide  resident  of   government, your pay is from the U.S. Govern-
move. The part earned in each year is figured             the foreign country for several years. A written         ment  and  doesn’t  qualify  for  exclusion  or  de-
as shown in the following example.                        agreement with your employer entered into be-            duction.
Example.  You are a U.S. citizen working in               fore you went abroad provided that you would 
the  United  States.  You  were  told  in  October        be reimbursed for your move back to the United           If you have questions about whether you are 
2021  that  you  were  being  transferred  to  a  for-    States.                                                  an employee or an independent contractor, get 
eign country. You arrived in the foreign country             In  April  2022,  your  former  employer  reim-       Pub. 15-A.
on December 15, 2021, and you are a bona fide             bursed  you  $4,000  for  the  cost  of  your  move 
resident  for  the  remainder  of  2021  and  all  of     back  to  the  United  States.  Because  you  were       American Institute in Taiwan. Amounts paid 
2022. Your employer reimbursed you $2,000 in              not a bona fide resident of a foreign country or         by  the  American  Institute  in  Taiwan  aren’t  for-
January  2022  for  your  moving  expense.  Be-           countries for a period that included at least 120        eign earned income for purposes of the foreign 
cause you did not qualify for the exclusion un-                                                                    earned  income  exclusion,  the  foreign  housing 
der the bona fide residence test for at least 120                                                                  exclusion,  or  the  foreign  housing  deduction.  If 
                                                                                                                   you are an employee of the American Institute 
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in Taiwan, allowances you receive are exempt          venience must be determined from all the facts              You  cannot  exclude  more  than  the  smaller 
from  U.S.  tax  up  to  the  amount  that  equals    and  circumstances.  Meals  furnished  at  no            of:
tax-exempt allowances received by civilian em-        charge  are  considered  provided  for  your  em-         $112,000, or
ployees of the U.S. Government.                       ployer's convenience if there is a good business          Your foreign earned income (discussed 
                                                      reason  for  providing  them,  other  than  to  give        earlier) for the tax year minus your foreign 
Allowances. Cost-of-living and foreign-area al-       you more pay.                                               housing exclusion (discussed later).
lowances  paid  under  certain  acts  of  Congress    On  the  other  hand,  if  your  employer  pro-             If  both  you  and  your  spouse  work  abroad 
to  U.S.  civilian  officers  and  employees  sta-    vides meals to you or your family as a means of          and each of you meets either the bona fide resi-
tioned in Alaska and Hawaii or elsewhere out-         giving you more pay, and there is no other busi-         dence  test  or  the  physical  presence  test,  you 
side the 48 contiguous states and the District of     ness  reason  for  providing  them,  their  value  is    can each choose the foreign earned income ex-
Columbia can be excluded from gross income.           extra  income  to  you  because  they  aren’t  fur-      clusion. You both don’t need to meet the same 
Post differentials are wages that must be inclu-      nished for the convenience of your employer.             test.  Together,  you  and  your  spouse  can  ex-
ded  in  gross  income,  regardless  of  the  act  of 
Congress under which they are paid.                   Condition  of  employment.  Lodging  is  provi-          clude as much as $224,000.
                                                      ded  as  a  condition  of  employment  if  you  must     Paid  in  year  following  work. Generally,  you 
More  information.  Pub.  516  has  more  infor-      accept the lodging to properly carry out the du-         are  considered  to  have  earned  income  in  the 
mation  for  U.S.  Government  employees              ties  of  your  job.  You  must  accept  lodging  to     year in which you do the work for which you re-
abroad.                                               properly  carry  out  your  duties  if,  for  example,   ceive the income, even if you work in one year 
                                                      you must be available for duty at all times or you       but are not paid until the following year. If you 
Exclusion of Meals and Lodging                        could  not  perform  your  duties  if  the  lodging      report your income on a cash basis, you report 
                                                      wasn’t furnished.                                        the income on your return for the year you re-
You  don’t  include  in  your  income  the  value  of                                                          ceive it. If you work one year, but are not paid 
meals  and  lodging  provided  to  you  and  your     Foreign camps.    If the lodging is in a camp lo-
family by your employer at no charge if the fol-      cated in a foreign country, the camp is consid-          for that work until the next year, the amount you 
lowing conditions are met.                            ered  part  of  your  employer's  business  prem-        can  exclude  in  the  year  you  are  paid  is  the 
                                                      ises. The camp must be:                                  amount  you  could  have  excluded  in  the  year 
1. The meals are furnished:                           Provided for your employer's convenience               you  did  the  work  if  you  had  been  paid  in  that 
a. On the business premises of your em-                 because the place where you work is in a               year. For an exception to this general rule, see 
        ployer, and                                     remote area where satisfactory housing                 Year-end payroll period, later.
                                                        isn’t available to you on the open market                 Example.  You were a bona fide resident of 
b. For the convenience of your em-                      within a reasonable commuting distance,                Brazil for all of 2021 and 2022. You report your 
        ployer.                                       Located as close as reasonably possible in             income  on  the  cash  basis.  In  2021,  you  were 
2. The lodging is furnished:                            the area where you work, and                           paid  $87,900  for  work  you  did  in  Brazil  during 
                                                      Provided in a common area or enclave that              that year. You excluded all of the $87,900 from 
a. On the business premises of your em-                 isn’t available to the general public for              your income in 2021.
        ployer,                                         lodging or accommodations and that nor-                   In  2022,  you  were  paid  $124,300  for  your 
b. For the convenience of your em-                      mally houses at least 10 employees.                    work in Brazil. $23,800 was for work you did in 
        ployer, and                                                                                            2021  and  $100,500  was  for  work  you  did  in 
c. As a condition of your employment.                                                                          2022. You can exclude $20,800 of the $23,800 
                                                                                                               from your income in 2022. This is the $108,700 
If these conditions are met, don’t include the        Foreign Earned Income                                    maximum exclusion in 2021 minus the $87,900 
value  of  the  meals  or  lodging  in  your  income,                                                          actually  excluded  that  year.  You  must  include 
even if a law or your employment contract says        Exclusion                                                the  remaining  $3,000  in  income  in  2022  be-
that they are provided as compensation.                                                                        cause you could not have excluded that income 
                                                      If your tax home is in a foreign country and you         in 2021 if you had received it that year. You can 
Amounts  you  don’t  include  in  income  be-         meet the bona fide residence test or the physi-          exclude  all  of  the  $100,500  you  were  paid  for 
cause  of  these  rules  aren’t  foreign  earned  in- cal  presence  test,  you  can  choose  to  exclude      work you did in 2022 from your 2022 income.
come.                                                 from your income a limited amount of your for-              Your  total  foreign  earned  income  exclusion 
                                                      eign  earned  income. Foreign  earned  income            for 2022 is $121,300 ($20,800 for work you did 
If  you  receive  a  Form  W-2,  excludable           was defined earlier in this chapter.                     in 2021 and $100,500 for work you did in 2022). 
                                                                                                               You would include in your 2022 income $3,000 
amounts  shouldn’t  be  included  in  the  total  re- You  can  also  choose  to  exclude  from  your          for the work you did in 2021.
ported in box 1 as wages.                             income  a  foreign  housing  amount.  This  is  ex-
Family. Your family, for this purpose, includes       plained later under Foreign Housing Exclusion.           Year-end payroll period.     There is an excep-
only your spouse and your dependents.                 If  you  choose  to  exclude  a  foreign  housing        tion  to  the  general  rule  that  income  is  consid-
                                                      amount, you must figure the foreign housing ex-          ered  earned  in  the  year  you  do  the  work  for 
Lodging. The  value  of  lodging  includes  the       clusion before you figure the foreign earned in-         which  you  receive  the  income.  If  you  are  a 
cost of heat, electricity, gas, water, sewer serv-    come  exclusion.  Your  foreign  earned  income          cash-basis  taxpayer,  any  salary  or  wage  pay-
ice, and similar items needed to make the lodg-       exclusion  is  limited  to  your  foreign  earned  in-   ment  you  receive  after  the  end  of  the  year  in 
ing fit to live in.                                   come minus your foreign housing exclusion.               which you do the work for which you receive the 
                                                      If you choose to exclude foreign earned in-              pay  is  considered  earned  entirely  in  the  year 
Business  premises  of  employer.   Generally,        come,  you  cannot  deduct,  exclude,  or  claim  a      you receive it if all four of the following apply.
the  business  premises  of  your  employer  is       credit  for  any  item  that  can  be  allocated  to  or  The period for which the payment is made 
wherever you work. For example, if you work as        charged against the excluded amounts. This in-              is a normal payroll period of your employer 
a housekeeper, meals and lodging provided in          cludes  any  expenses,  losses,  and  other  nor-           that regularly applies to you.
your employer's home are provided on the busi-        mally deductible items allocable to the excluded          The payroll period includes the last day of 
ness  premises  of  your  employer.  Similarly,       income. For more information about deductions               your tax year (December 31 if you figure 
meals provided to cowhands while herding cat-         and credits, see chapter 5.                                 your taxes on a calendar-year basis).
tle on land leased or owned by their employer                                                                   The payroll period is not longer than 16 
are  considered  provided  on  the  premises  of                                                                  days.
their employer.                                       Limit on Excludable Amount                                The payday comes at the same time in re-
                                                                                                                  lation to the payroll period that it would nor-
Convenience of employer.   Whether meals or           You may be able to exclude up to $112,000 of                mally come and it comes before the end of 
lodging  are  provided  for  your  employer's  con-   your foreign earned income in 2022.                         the next payroll period.
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Example.   You are paid twice a month. For              days in the year, and then divide the result by               4. Multiply $112, 000, the maximum limit, by 
the normal payroll period that begins on the 1st        the number of days in the year.                               the fraction 291/365 to find your maximum 
of the month and ends on the 15th of the month,                                                                       exclusion for 2022 ($89,293).
you are paid on the 16th day of the month. For          Example.     You  report  your  income  on  the 
the  normal  payroll  period  that  begins  on  the     calendar-year  basis  and  you  qualified  for  the 
16th of the month and ends on the last day of           foreign  earned  income  exclusion  under  the 
the  month,  you  are  paid  on  the  1st  day  of  the bona  fide  residence  test  for  75  days  in  2022.      Choosing the Exclusion
following month. Because all of the above con-          You  can  exclude  a  maximum  of  75/365  of 
ditions are met, the pay you received on Janu-          $112,000, or $23,014 of your foreign earned in-            The foreign earned income exclusion is volun-
ary 1, 2022, is considered earned in 2022.              come  for  2022.  If  you  qualify  under  the  bona       tary. You can choose the exclusion by complet-
                                                        fide residence test for all of 2023, you can ex-           ing the appropriate parts of Form 2555.
Income earned over more than 1 year.       Re-          clude  your  foreign  earned  income  up  to  the 
gardless of when you actually receive income,           2023 limit.
you  must  apply  it  to  the  year  in  which  you                                                                When You Can Choose the 
earned it in figuring your excludable amount for        Physical  presence  test. Under  the  physi-               Exclusion
that year. For example, a bonus may be based            cal  presence  test,  a  12-month  period  can  be 
on work you did over several years. You deter-          any  period  of  12  consecutive  months  that  in-        Your  initial  choice  of  the  exclusion  on  Form 
mine  the  amount  of  the  bonus  that  is  consid-    cludes  330  full  days.  If  you  qualify  for  the  for- 2555  must  generally  be  made  with  one  of  the 
ered earned in a particular year in two steps.          eign earned income exclusion under the physi-              following returns.
                                                        cal  presence  test  for  part  of  a  year,  it  is 
1. Divide the bonus by the number of calen-             important to carefully choose the 12-month pe-              A return filed by the due date (including 
                                                                                                                      any extensions).
  dar months in the period when you did the             riod  that  will  allow  the  maximum  exclusion  for         A return amending a timely filed return. 
  work that resulted in the bonus.                      that year.                                                 
                                                                                                                      Amended returns must generally be filed 
2. Multiply the result of (1) by the number of                                                                        by the later of 3 years after the filing date of 
  months you did the work during the year.              Note.       See How to figure the 12-month pe-
  This is the amount that is subject to the ex-         riod  under Physical  Presence  Test,  earlier,  for          the original return or 2 years after the tax is 
  clusion limit for that tax year.                      the rules on figuring the 12-month period.                    paid.
                                                                                                                    A return filed within 1 year from the original 
Income  received  more  than  1  year  after  it        Example.     You  are  physically  present  and               due date of the return (determined without 
was  earned.   You  can’t  exclude  income  you         have  your  tax  home  in  a  foreign  country  for  a        regard to any extensions).
receive  after  the  end  of  the  year  following  the 16-month  period  from  June  1,  2021,  through 
year you do the work to earn it.                        September 30, 2022, except for 16 days in De-              Filing  after  the  above  periods.  You  can 
                                                        cember 2021 when you were on vacation in the               choose the exclusion on a return filed after the 
Example.   You were a bona fide resident of             United  States.  You  figure  the  maximum  exclu-         periods described above if you owe no federal 
Sweden for 2020, 2021, and 2022. You report             sion for 2021 as follows.                                  income tax after taking into account the exclu-
                                                                                                                   sion. If you owe federal income tax after taking 
your  income  on  the  cash  basis.  In  2020,  you     1. Beginning with June 1, 2021, count for-                 into account the exclusion, you can choose the 
were paid $69,000 for work you did in Sweden                ward 330 full days. Do not count the 16                exclusion on a return filed after the periods de-
that year, and in 2021, you were paid $74,000               days you spent in the United States. The               scribed earlier if you file before the IRS discov-
for that year's work in Sweden. You excluded all            330th day, May 12, 2022, is the last day of            ers  that  you  failed  to  choose  the  exclusion. 
the income on your 2020 and 2021 returns.                   a 12-month period.                                     Whether or not you owe federal income tax af-
In 2022, you were paid $92,000; $82,000 for                                                                        ter taking the exclusion into account, if you file 
your work in Sweden during 2022, and $10,000            2. Count backward 12 months from May 12,                   your  return  after  the  periods  described  earlier, 
for work you did in Sweden in 2020. You cannot              2022, to find the first day of this 12-month           you must type or legibly print at the top of the 
exclude  any  of  the  $10,000  for  work  done  in         period, May 13, 2021. This 12-month pe-                first page of the Form 1040 or 1040-SR, “Filed 
2020  because  you  received  it  after  the  end  of       riod runs from May 13, 2021, through May               pursuant to section 1.911-7(a)(2)(i)(D).”
the year following the year in which you earned             12, 2022.
it. You must include the $10,000 in income. You         3. Count the total days during 2021 that fall                 If  you  owe  federal  income  tax  after  taking 
can exclude all of the $82,000 received for work            within this 12-month period. This is 233               into  account  the  foreign  earned  income  exclu-
you did in 2022.                                            days (May 13, 2021 – December 31,                      sion and the IRS discovered that you failed to 
Community income.     The maximum exclusion                 2021).                                                 choose  the  exclusion,  you  may  still  be  able  to 
applies  separately  to  the earnings of spouses.       4. Multiply $108,700 (the maximum exclu-                   choose the exclusion. You must request a pri-
Ignore any community property laws when you                 sion for 2021) by the fraction 233/365 to              vate  letter  ruling  under  Regulations  section 
figure  your  limit  on  the  foreign  earned  income       find your maximum exclusion for 2021                   301.9100-3  and  Revenue  Procedure  2021-1, 
exclusion.                                                  ($69,389).                                             2021-01  I.R.B.  1,  available  at IRS.gov/irb/
                                                                                                                   2021-01_IRB#REV-PROC-2021-1.
Part-year  exclusion. If  the  period  for  which       You figure the maximum exclusion for 2022 
you qualify for the foreign earned income exclu-        in the opposite manner.
                                                                                                                   Effect of Choosing the Exclusion
sion includes only part of the year, you must ad-       1. Beginning with your last full day, Septem-
just the maximum limit based on the number of               ber 30, 2022, count backward 330 full                  Once  you  choose  to  exclude  your  foreign 
qualifying days in the year. The number of quali-           days. Do not count the 16 days you spent               earned income, that choice remains in effect for 
fying  days  is  the  number  of  days  in  the  year       in the United States. That day, October                that year and all later years unless you revoke 
within the period on which you both:                        19, 2021, is the first day of a 12-month pe-           it.
Have your tax home in a foreign country,                  riod.
  and                                                                                                              Foreign  tax  credit  or  deduction. Once  you 
Meet either the bona fide residence test or           2. Count forward 12 months from October 
  the physical presence test.                               19, 2021, to find the last day of this                 choose to exclude foreign earned income, you 
                                                            12-month period, October 18, 2022. This                can’t  take  a  foreign  tax  credit  or  deduction  for 
For this purpose, you can count as qualify-                 12-month period runs from October 19,                  taxes  on  income  you  can  exclude.  If  you  do 
ing days all days within a period of 12 consecu-            2021, through October 18, 2022.                        take a credit or deduction for any of those taxes 
tive  months  once  you  are  physically  present                                                                  in  a  later  year,  your  election  for  the  foreign 
and have your tax home in a foreign country for         3. Count the total days during 2022 that fall              earned income exclusion will be revoked begin-
330  full  days.  To  figure  your  maximum  exclu-         within this 12-month period. This is 291               ning with that year. See Pub. 514 for more infor-
sion, multiply the maximum excludable amount                days (January 1, 2022 – October 18,                    mation.
for  the  year  by  the  number  of  your  qualifying       2022).

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Additional child tax credit. You can’t take the                                                                    Repairs,
additional child tax credit if you claim the foreign                                                               Utilities (other than telephone charges),
earned income exclusion.                                Foreign Housing                                            Real and personal property insurance,
Earned income credit. If you claim the foreign          Exclusion and Deduction                                    Nondeductible occupancy taxes,
                                                                                                                   Nonrefundable fees for securing a lease-
earned  income  exclusion,  you  don’t  qualify  for                                                                 hold,
the earned income credit for the year. For more         In addition to the foreign earned income exclu-              Rental of furniture and accessories, and
information on this credit, see Pub. 596.               sion, you can also claim an exclusion or a de-           
                                                        duction  from  gross  income  for  your  housing           Residential parking.
Figuring tax on income not excluded.      If you        amount if your tax home is in a foreign country           Housing expenses do not include:
claim the foreign earned income exclusion, the          and  you  qualify  for  the  exclusions  and  deduc-       Expenses that are lavish or extravagant 
housing  exclusion  (discussed  later),  or  both,      tion under either the bona fide residence test or            under the circumstances;
you must figure the tax on your nonexcluded in-         the physical presence test.                                Deductible interest and taxes (including 
                                                                                                                     deductible interest and taxes of a ten-
come  using  the  tax  rates  that  would  have  ap-    The  housing  exclusion  applies  only  to                   ant-stockholder in a cooperative housing 
plied had you not claimed the exclusions. See           amounts  considered  paid  for  with  em-                    corporation);
the Instructions for Form 1040 and complete the         ployer-provided  amounts.  The  housing  deduc-            The cost of buying property, including prin-
Foreign  Earned  Income  Tax  Worksheet  to  fig-       tion  applies  only  to  amounts  paid  for  with            cipal payments on a mortgage;
ure the amount of tax to enter on Form 1040 or          self-employment earnings.                                  The cost of domestic labor (maids, garden-
1040-SR, line 16. If you must attach Form 6251 
to your return, use the Foreign Earned Income           If you are married and you and your spouse                   ers, etc.);
Tax Worksheet provided in the   Instructions for        each qualifies under one of the tests, see Mar-            Pay television subscriptions;
Form 6251.                                              ried Couples, later.                                       Improvements and other expenses that in-
                                                                                                                     crease the value or appreciably prolong 
                                                                                                                     the life of property;
Revoking the Exclusion                                  Housing Amount                                             Purchased furniture or accessories; or
                                                                                                                   Depreciation or amortization of property or 
You can revoke your choice for any year. You            Your housing amount is the total of your hous-               improvements.
do this by attaching a statement that you are re-       ing expenses for the year minus the base hous-
voking one or more previously made choices to           ing amount.                                                       No double benefit.   You can’t include 
                                                                                                                          in housing expenses the value of meals 
the  return  or  amended  return  for  the  first  year                                                          CAUTION! or lodging that you exclude from gross 
that you do not wish to claim the exclusion(s).         Base  housing  amount.   The  computation  of 
You  must  specify  which  choice(s)  you  are  re-     the  base  housing  amount  (line  32  of  Form          income  (see Exclusion  of  Meals  and  Lodging, 
voking. You must revoke separately a choice to          2555) is tied to the maximum foreign earned in-          earlier).
exclude foreign earned income and a choice to           come exclusion. The amount is 16% of the ex-
exclude foreign housing amounts.                        clusion  amount  (computed  on  a  daily  basis),         Limit on housing expenses.      The amount 
                                                        multiplied by the number of days in your qualify-        of  qualified  housing  expenses  eligible  for  the 
If you revoked a choice and within 5 years              ing period that fall within your tax year.               housing  exclusion  and  housing  deduction  is 
again wish to choose the same exclusion, you            For  2022,  the  maximum  foreign  earned  in-           limited. The limit is generally 30% of the maxi-
must apply for IRS approval. You do this by re-         come  exclusion  is  $112,000  per  year;  16%  of       mum foreign earned income exclusion (compu-
questing a ruling from the IRS.                         this amount is $17,920, or $49.10 per day. To            ted on a daily basis), multiplied by the number 
                                                        figure  your  base  housing  amount  if  you  are  a     of days in your qualifying period that fall within 
      Mail your request for a ruling, in dupli-         calendar year taxpayer, multiply $49.10 by the           your tax year. For 2022, this is generally $92.05 
      cate, to:                                         number  of  your  qualifying  days  during  2022.        per day ($33,600 per year). However, the limit 
                                                        (See Part-year exclusion under Limit on Exclud-          will  vary  depending  upon  the  location  of  your 
    Associate Chief Counsel (International)             able  Amount, earlier.)  Subtract  the  result  from     foreign tax home.
    Internal Revenue Service                            your total housing expenses (up to the applica-           A  qualified  individual  incurring  housing  ex-
    Attn: CC:PA:LPD:DRU                                 ble limit) to find your housing amount.                  penses in a high-cost locality during 2022 can 
    P.O. Box 7604                                                                                                use housing expenses that total more than the 
    Ben Franklin Station                                Example.      Your  qualifying  period  includes         standard  limit  on  housing  expenses  ($33,600) 
    Washington, DC 20044                                all of 2022. During the year, you spent $19,124          to determine the housing amount. An individual 
                                                        for your housing. This is below the limit for the        who  does  not  incur  housing  expenses  in  a 
                                                        location  in  which  you  incurred  the  expenses.       high-cost locality is limited to maximum housing 
                                                        Your  housing  amount  is  $19,124  minus                expenses of $92.05 per day ($33,600 per year).
In  deciding  whether  to  give  approval,  the  IRS    $17,920, or $1,204.                                       The limits for high-cost localities are listed in 
will  consider  any  facts  and  circumstances  that                                                             the Instructions for Form 2555.
may be relevant. These may include a period of          U.S.  Government  allowance.   You  must  re-                     You can elect to apply the 2022 hous-
residence  in  the  United  States,  a  move  from      duce your housing amount by any U.S. Govern-             TIP      ing cost limits to figure your 2021 hous-
one  foreign  country  to  another  foreign  country    ment allowance or similar nontaxable allowance                    ing exclusion instead of using the 2021 
with different tax rates, a substantial change in       intended to compensate you or your spouse for            limits. The IRS and Treasury anticipate that you 
the tax laws of the foreign country of residence        the  expenses  of  housing  during  the  period  for     will be able to elect to apply the 2023 limits to 
or  physical  presence,  and  a  change  of  em-        which you claim a foreign housing exclusion or           figure  your  2022  housing  exclusion  instead  of 
ployer.  For  more  information  go  to IRS.gov/        deduction.                                               using the 2022 limits.
Individuals/International-Taxpayers/Revoking-
Your-Choice-to-Exclude-Foreign-Earned-                  Housing  expenses.   Housing  expenses  in-               Second  foreign  household.     Ordinarily,  if 
Income.                                                 clude your reasonable expenses paid or incur-            you maintain two foreign households, your rea-
      If a private delivery service is used, the        red for housing in a foreign country for you and         sonable foreign housing expenses include only 
      address is:                                       (if  they  live  with  you)  for  your  spouse  and  de- costs for the household that bears the closer re-
                                                        pendents.                                                lationship  (not  necessarily  geographic)  to  your 
    Associate Chief Counsel (International)             Consider only housing expenses for the part              tax home. However, if you maintain a second, 
    Internal Revenue Service                            of  the  year  that  you  qualify  for  the  foreign     separate  household  outside  the  United  States 
    Attn: CC:PA:LPD:TSS, Room 5336                      earned income exclusion.                                 for  your  spouse  or  dependents  because  living 
    1111 Constitution Ave. NW                           Housing expenses include:                                conditions near your tax home are dangerous, 
    Washington, DC 20224                                Rent,                                                  unhealthful,  or  otherwise  adverse,  include  the 
                                                        The fair rental value of housing provided in           expenses  for  the  second  household  in  your 
                                                          kind by your employer,
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reasonable  foreign  housing  expenses.  You           Earned Income Tax Worksheet provided in the          Carryover. You can carry over to the next year 
can’t include expenses for more than one sec-          Instructions for Form 6251.                          any part of your housing deduction that is not al-
ond foreign household at the same time.                                                                     lowed because of the limit. You are allowed to 
If you maintain two households and you ex-             Foreign  tax  credit  or  deduction. Once  you       carry over your excess housing deduction to the 
clude the value of one because it is provided by       choose  to  exclude  foreign  housing  amounts,      next year only. If you can’t deduct it in the next 
your employer, you can still include the expen-        you can’t take a foreign tax credit or deduction     year, you can’t carry it over to any other year. 
ses for the second household in figuring a for-        for taxes on income you can exclude. If you do       You  deduct  the  carryover  in  figuring  adjusted 
eign housing exclusion or deduction.                   take  a  credit  or  deduction  for  any  of  those  gross income. The amount of carryover you can 
Adverse living conditions include:                     taxes, your choice to exclude housing amounts        deduct is limited to your foreign earned income 
A state of warfare or civil insurrection in the      may be considered revoked. See       Pub. 514 for    for the year of the carryover minus the total of 
  general area of your tax home, and                   more information.                                    your foreign earned income exclusion, housing 
Conditions under which it is not feasible to                                                              exclusion, and housing deduction for that year.
  provide family housing (for example, if you          Additional child tax credit.   You can’t take the 
  must live on a construction site or drilling         additional child tax credit if you claim the foreign Additional child tax credit. You can’t take the 
  rig).                                                housing exclusion.                                   additional child tax credit if you claim the foreign 
                                                                                                            housing deduction.
                                                       Earned income credit.  If you claim the foreign 
Foreign Housing Exclusion                              housing  exclusion,  you  don’t  qualify  for  the 
                                                       earned income credit for the year.                   Married Couples
If you do not have self-employment income, all 
of  your  earnings  are  employer-provided                                                                  If both you and your spouse qualify for the for-
amounts  and  your  entire  housing  amount  is        Foreign Housing Deduction                            eign  housing  exclusion  or  the  foreign  housing 
considered paid for with those employer-provi-                                                              deduction, how you figure the benefits depends 
ded amounts. This means that you can exclude           If you don’t have self-employment income, you        on whether you maintain separate households.
(up to the limits) your entire housing amount.         can’t take a foreign housing deduction.
                                                                                                            Separate Households
Employer-provided  amounts. These  include             How you figure your housing deduction de-
any amounts paid to you or paid or incurred on         pends  on  whether  you  have  only  self-employ-    If you and your spouse live apart and maintain 
your  behalf  by  your  employer  that  are  taxable   ment  income  or  both  self-employment  income      separate households, you both may be able to 
foreign  earned  income  (without  regard  to  the     and employer-provided income. In either case,        claim  the  foreign  housing  exclusion  or  the  for-
foreign earned income exclusion) to you for the        the  amount  you  can  deduct  is  subject  to  the  eign housing deduction. You both can claim the 
year. Employer-provided amounts include:               limit described later.                               exclusion or the deduction if both of the follow-
Your salary,
                                                                                                            ing conditions are met.
Any reimbursement for housing expenses,              Self-employed,     no   employer-provided             You and your spouse have different tax 
Amounts your employer pays to a third                amounts. If  none  of  your  housing  amount  is     
                                                                                                             homes that aren’t within reasonable com-
  party on your behalf,                                considered  paid  for  with  employer-provided        muting distance of each other.
The fair rental value of company-owned               amounts,  such  as  when  all  of  your  income  is   Neither spouse's residence is within rea-
  housing furnished to you unless that value           from  self-employment,  you  can  deduct  your       
                                                                                                             sonable commuting distance of the other 
  is excluded under the rules explained ear-           housing  amount,  subject  to  the  limit  described  spouse's tax home.
  lier under Exclusion of Meals and Lodging,           later.
Amounts paid to you by your employer as              Take the deduction by including it on line 24j       Housing exclusion.     Each spouse claiming a 
  part of a tax equalization plan, and                 of Schedule 1 (Form 1040).                           housing  exclusion  must  figure  separately  the 
Amounts paid to you or a third party by                                                                   part of the housing amount that is attributable to 
  your employer for the education of your de-          Self-employed     and   employer-provided            employer-provided amounts, based on the sep-
  pendents.                                            amounts. If  you  are  both  an  employee  and  a    arate foreign earned income.
                                                       self-employed  individual  during  the  year,  you 
Choosing  the  exclusion.   You  can  choose           can deduct part of your housing amount and ex-
the housing exclusion by completing the appro-         clude part of it. To find the part that you can ex-  One Household
priate parts of Form 2555. Rules about choos-          clude, multiply your housing amount by the em-
ing the exclusion under Foreign Earned Income          ployer-provided  amounts  (discussed  earlier)       If you and your spouse lived in the same foreign 
Exclusion,  earlier,  also  apply  to  the  foreign    and  then  divide  the  result  by  your  foreign    household and file a joint return, you must figure 
housing exclusion.                                     earned income. This is the amount you can use        your  housing  amounts  jointly.  If  you  file  sepa-
Your housing exclusion is the lesser of:               to  figure  your  foreign  housing  exclusion.  You  rate  returns,  only  one  spouse  can  claim  the 
That part of your housing amount paid for            can deduct the balance of the housing amount,        housing exclusion or deduction.
  with employer-provided amounts, or                   subject to the limit described later.
Your foreign earned income.                                                                                In figuring your housing amount jointly, you 
If you choose the housing exclusion, you must          Example. Your  housing  amount  for  the             can combine your housing expenses and figure 
figure it before figuring your foreign earned in-      year is $18,000. During the year, your total for-    one  base  housing  amount.  Either  spouse  (but 
come exclusion. You cannot claim less than the         eign earned income is $100,000, of which half        not  both)  can  claim  the  housing  exclusion  or 
full  amount  of  the  housing  exclusion  to  which   ($50,000)  is  from  self-employment  and  half  is  housing  deduction.  However,  if  you  and  your 
you are entitled.                                      from your services as an employee. Half of your      spouse  have  different  periods  of  residence  or 
                                                       housing  amount  ($18,000  ÷  2)  is  considered     presence and the one with the shorter period of 
Figuring tax on income not excluded.           If      provided  by  your  employer.  You  can  exclude     residence  or  presence  claims  the  exclusion  or 
you  claim  the  housing  exclusion,  the foreign      $9,000 as a housing exclusion. You can deduct        deduction, you can claim as housing expenses 
earned income exclusion (discussed earlier), or        the  remaining  $9,000  as  a  housing  deduction    only the expenses for that shorter period.
both, you must figure the tax on your nonexclu-        subject to the following limit.
ded income using the tax rates that would have                                                               Example.  Tom and Jane live together and 
applied  had  you  not  claimed  the  exclusions.      Limit                                                file a joint return. Tom was a bona fide resident 
See  the Instructions  for  Form  1040  and  com-                                                           of and had his tax home in Ghana from August 
plete  the  Foreign  Earned  Income  Tax  Work-                                                             17,  2022,  through  December  31,  2023.  Jane 
sheet  to  figure  the  amount  of  tax  to  enter  on Your  housing  deduction  cannot  be  more  than     was  a  bona  fide  resident  of  and  had  her  tax 
Form 1040 or 1040-SR, line 16. If you must at-         your foreign earned income minus the total of:       home  in  Ghana  from  September  15,  2022, 
tach Form 6251 to your return, use the Foreign         Your foreign earned income exclusion,              through December 31, 2023.
                                                         plus                                                During 2022, Tom received $75,000 of for-
                                                       Your housing exclusion.                            eign earned income and Jane received $50,000 
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of foreign earned income. Tom paid $10,000 for                                                                                                 amounts.  This  includes  any  expenses,  losses, 
housing expenses, of which $7,500 was for ex-                                                                                                  and other normally deductible items that are al-
penses  incurred  from  September  15  through                                                                                                 locable  to  the  excluded  income.  You  can  de-
the end of the year. Jane paid $3,000 for hous-        5.                                                                                      duct only those expenses connected with earn-
ing expenses in 2022, all of which were incurred                                                                                               ing includible income.
during her period of residence in Ghana.
Tom  and  Jane  figure  their  housing  amount                                                                                                     These rules apply only to items definitely re-
jointly.  If  Tom  claims  the  housing  exclusion,    Deductions and                                                                          lated to the excluded earned income and they 
their  housing  expenses  would  be  $13,000                                                                                                   do not apply to other items that aren’t definitely 
                                                                                                                                               related to any particular type of gross income. 
($10,000  +  $3,000)  and  their  base  housing        Credits                                                                                 These rules don’t apply to items such as:
amount, using Tom's 2022 period of residence 
(August  17–December  31,  2022),  would  be                                                                                                     Qualified retirement contributions,
$6,727  ($49.10  ×  137  days).  Tom's  housing        Topics                                                                                    Alimony payments,
amount would be $6,273 ($13,000 – $6,727). If,         This chapter discusses:                                                                   Charitable contributions,
instead,  Jane  claims  the  housing  exclusion,                                                                                                 Medical expenses,
their  housing  expenses  would  be  limited  to         The rules concerning items related to                                                 Mortgage interest, or
$10,500 ($7,500 + $3,000) and their base hous-             excluded income,                                                                      Real estate taxes on your personal resi-
ing  amount,  using  Jane's  period  of  residence       Contributions to foreign charitable                                                     dence.
(September 15–December 31, 2022), would be                 organizations,                                                                          For  purposes  of  these  rules,  your  housing 
$5,303  ($49.10  ×  108  days).  Jane's  housing         Contributions to individual retirement                                              deduction isn’t treated as allocable to your ex-
amount would be $5,197 ($10,500 – $5,303).                 arrangements (IRAs),                                                                cluded  income,  but  the  deduction  for  self-em-
                                                         Taxes of foreign countries and U.S.                                                 ployment tax is.
                                                           territories, and
Form 2555                                                How to report deductions.                                                               If you receive foreign earned income in a tax 
                                                                                                                                               year after the year in which you earned it, you 
                                                                                                                                               may have to file an amended return for the ear-
Use Form 2555 to claim the foreign earned in-          Useful Items                                                                            lier year to properly adjust the  amounts  of de-
come exclusion. You must file Form 2555 each           You may want to see:                                                                    ductions, credits, or exclusions allocable to your 
year you are claiming the exclusion.
                                                                                                                                               foreign earned income and housing exclusions.
Also, use Form 2555 to claim either the for-           Publication
eign  housing  exclusion  or  the  foreign  housing        501 501 Dependents, Standard Deduction,                                                 Example.     In 2021, you had $95,600 of for-
deduction. Form 2555 shows how you meet the                    and Filing Information                                                          eign earned income and $9,500 of deductions 
bona  fide  residence  test  or  physical  presence                                                                                            allocable  to  your  foreign  earned  income.  You 
test, how much of your earned income is exclu-             514 514 Foreign Tax Credit for Individuals                                          did not have a housing exclusion. Because you 
ded,  and  how  to  figure  the  amount  of  your  al-     523 523 Selling Your Home                                                           excluded all of your foreign earned income, you 
lowable housing exclusion or deduction.                                                                                                        would  not  have  been  able  to  claim  any  of  the 
                                                           590-A                 590-A Contributions to Individual                             deductions on your 2021 return.
Note. Don’t submit Form 2555 by itself.                        Retirement Arrangements (IRAs)                                                      In 2022, you received a $14,000 bonus for 
                                                                                                                                               work you did abroad in 2021. You can exclude 
If you are a U.S. citizen or resident alien who            597 597 Information on the United States–                                           $13,100 of the bonus because the limit on the 
is a citizen or national of a U.S. treaty country,             Canada Income Tax Treaty                                                        foreign earned income exclusion for 2021 was 
you can claim the exclusion under the bona fide                                                                                                $108,700  and  you  have  already  excluded 
residence test. You should fill out Parts I, II, IV,   Form (and Instructions)                                                                 $95,600.  Since  you  must  include  $900  of  the 
and V of Form 2555. In filling out Part II, be sure        1116             1116 Foreign Tax Credit                                            bonus ($14,000 − $13,100) for work you did in 
to  give  your  visa  type  and  the  period  of  your                                                                                         2021 in income, you can file an amended return 
bona  fide  residence.  Frequently,  these  items          2106             2106 Employee Business Expenses                                    for 2020  to     claim   $78.00 ($9,500        x 
are overlooked.                                            2555             2555 Foreign Earned Income                                         $900/$109,600)  of  the  deductions.  These  are 
                                                                                                                                               the  deductions  allocable  to  the  foreign  earned 
U.S.  citizens  and  all  resident  aliens  can            Schedule A (Form 1040) Schedule A (Form 1040) Itemized                              income  ($9,500)  multiplied  by  the  includible 
claim  the  exclusion  under  the  physical  pres-             Deductions                                                                      portion of the foreign earned income ($900) and 
ence test. You should fill out Parts I, III, IV, and 
V of Form 2555. When filling out Part III, be sure         Schedule C (Form 1040)                        Schedule C (Form 1040) Profit or Loss divided  by  the  total  foreign  earned  income  for 
to insert the beginning and ending dates of your               From Business                                                                   2021 ($109,600).
12-month period and the dates of your arrivals             SS-5        SS-5 Application for a Social Security 
and  departures,  as  requested  in  the  travel               Card
schedule.                                                                                                                                      Contributions to Foreign 
                                                           W-7     W-7 Application for IRS Individual 
You must fill out Part VI if you are claiming a                Taxpayer Identification Number                                                  Charitable Organizations
foreign housing exclusion or deduction.
                                                       See chapter  7  for  information  about  getting                                        If  you  make  contributions  directly  to  a  foreign 
If  you  are  claiming  the  foreign  earned  in-      these publications and forms.                                                           church or other foreign charitable organization, 
come exclusion, fill out Part VII.                                                                                                             you generally cannot deduct them. Exceptions 
If  you  are  claiming  the  foreign  earned  in-                                                                                              are  explained  under    Canadian,  Mexican,  and 
come exclusion, the foreign housing exclusion,         Items Related to                                                                        Israeli charities, later.
or both, fill out Part VIII.                                                                                                                       You  can  deduct  contributions  to  a  U.S.  or-
                                                       Excluded Income
Finally, fill out Part IX if you are claiming the                                                                                              ganization  that  transfers  funds  to  a  charitable 
foreign housing deduction.                             U.S.  citizens  and  resident  aliens  living  outside                                  foreign  organization  if  the  U.S.  organization 
                                                       the  United  States  are  generally  allowed  the                                       controls the use of the funds by the foreign or-
If you and your spouse both qualify to claim           same deductions as citizens and residents liv-                                          ganization  or  if  the  foreign  organization  is  just 
the  foreign  earned  income  exclusion,  the  for-    ing in the United States.                                                               an administrative arm of the U.S. organization.
eign  housing  exclusion,  or  the  foreign  housing 
deduction, you and your spouse must file sepa-         If you choose to exclude foreign earned in-                                             Canadian,  Mexican,  and  Israeli  charities. 
rate  Forms  2555  to  claim  these  benefits.  See    come or housing amounts, you cannot deduct,                                             Under  the  income  tax  treaties  with  Canada, 
the  discussion  earlier  under Separate  House-       exclude, or claim a credit for any item that can                                        Mexico, and Israel, you may be able to deduct 
holds.                                                 be allocated to or charged against the excluded                                         contributions to certain Canadian, Mexican, and 
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Israeli  charitable  organizations.  Generally,  you     Foreign  income  taxes.   These  are  generally          Subsidies.   If  a  foreign  country  returns  your 
must  have  income  from  sources  in  Canada,           income taxes you pay to any foreign country or           foreign  tax  payments  to  you  in  the  form  of  a 
Mexico,  or  Israel,  and  the  organization  must       U.S. territory.                                          subsidy,  you  cannot  claim  a  foreign  tax  credit 
meet  certain  requirements.  See Pub.  597  and                                                                  based on these payments. This rule applies to a 
Pub. 526, Charitable Contributions, for more in-         Foreign income taxes on U.S. return.      For-           subsidy  provided  by  any  means  that  is  deter-
formation.                                               eign income taxes can only be taken as a credit          mined, directly or indirectly, by reference to the 
                                                         on  Schedule  3  (Form  1040),  line  1,  or  as  an     amount of tax, or to the base used to figure the 
                                                         itemized deduction on Schedule A (Form 1040).            tax.
Contributions to                                         These amounts cannot be included as withheld             Some  ways  of  providing  a  subsidy  are  re-
                                                         income  taxes  on  Form  1040  or  1040-SR,              funds,  credits,  deductions,  payments,  or  dis-
Individual Retirement                                    line 25.                                                 charges  of  obligations.  A  credit  is  also  not  al-
                                                                                                                  lowed if the subsidy is given to a person related 
Arrangements                                             Foreign  taxes  paid  on  excluded  income.              to you, or persons who participated in a trans-
                                                         You  cannot  take  a  credit  or  deduction  for  for-   action or a related transaction with you.
Contributions  to  your  individual  retirement  ar-     eign  income  taxes  paid  on  earnings  you  ex-
rangements  (IRAs)  that  are  traditional  IRAs  or     clude from tax under any of the following.
Roth IRAs are generally limited to the lesser of         Foreign earned income exclusion.                       Limit
$6,000 ($7,000 if 50 or older) or your compen-           Foreign housing exclusion.
sation that is includible in your gross income for       Territory exclusion.                                   The  foreign  tax  credit  is  limited  to  the  part  of 
the  tax  year.  In  determining  compensation  for                                                               your total U.S. tax that is in proportion to your 
this  purpose,  don’t  take  into  account  amounts      If  your  wages  are  completely  excluded,  you         taxable income from sources outside the United 
you exclude under either the foreign earned in-          can’t deduct or take a credit for any of the for-        States compared to your total taxable income. 
come  exclusion  or  the  foreign  housing  exclu-       eign taxes paid on your wages.                           The  allowable  foreign  tax  credit  can’t  be  more 
sion.  Don’t  reduce  your  compensation  by  the        If only part of your wages is excluded, you              than your actual foreign tax liability.
foreign housing deduction.                               can’t deduct or take a credit for the foreign in-
                                                         come taxes allocable to the excluded part. You           Exemption from limit.  You won’t be subject 
If  you  are  covered  by  an  employer  retire-         find the taxes allocable to your excluded wages          to this limit and won’t have to file Form 1116 if 
ment plan at work, your deduction for your con-          by applying a fraction to the foreign taxes paid         you meet all three of the following requirements.
tributions  to  your  traditional  IRAs  is  generally   on  foreign  earned  income  received  during  the         Your only foreign source income for the 
limited based on your modified adjusted gross            tax  year.  The  numerator  (top  number)  of  the           year is passive income (dividends, inter-
income. This is your adjusted gross income fig-          fraction is your excluded foreign earned income              est, royalties, etc.) that is reported to you 
ured  without  taking  into  account  the  foreign       received  during  the  tax  year  minus  deductible          on a payee statement (such as a Form 
earned  income  exclusion,  the  foreign  housing        expenses  allocable  to  that  income  (not  includ-         1099-DIV or 1099-INT).
exclusion,  or  the  foreign  housing  deduction.        ing the foreign housing deduction). The denom-             Your foreign taxes for the year that qualify 
Other modifications are also required. For more          inator (bottom number) of the fraction is your to-           for the credit are not more than $300 ($600 
information  on  contributions  to  IRAs,  see Pub.      tal  foreign  earned  income  received  during  the          if you are filing a joint return) and are repor-
590-A.                                                   tax year minus all deductible expenses alloca-               ted on a payee statement.
                                                         ble to that income (including the foreign housing          You elect this procedure.
                                                         deduction).
Taxes of Foreign                                         If foreign law taxes both earned income and              If you make this election, you can’t carry back or 
                                                         some other type of income and the taxes on the           carry over any unused foreign tax to or from this 
Countries and U.S.                                       other type can’t be separated, the denominator           year.
                                                         of the fraction is the total amount of income sub-       Separate limit.  You must figure the limit on a 
Territories                                              ject  to  foreign  tax  minus  deductible  expenses      separate basis with regard to “section 951A cat-
                                                         allocable to that income.
You can take either a credit or a deduction for                                                                   egory  income,”  “foreign  branch  category  in-
income taxes paid to a foreign country or a U.S.                  If you take a foreign tax credit for tax on     come,” “passive category income,” “general cat-
territory. Taken as a deduction, foreign income          !        income you could have excluded under            egory income,” “section 901(j) income,” “certain 
taxes reduce your taxable income. Taken as a             CAUTION  your choice to exclude foreign earned           income  re-sourced  by  treaty,”  and  any 
credit, foreign income taxes reduce your tax lia-        income or your choice to exclude foreign hous-           “lump-sum distributions” from an employer ben-
bility.  You  must  treat  all  foreign  income  taxes   ing  costs,  one  or  both  of  the  choices  may  be    efit  plan  for  which  the  special  averaging  treat-
the same way. If you take a credit for any for-          considered revoked.                                      ment  is  used  to  determine  your  tax  (see  the 
eign income taxes, you cannot deduct any for-                                                                     Instructions for Form 1116).
eign income taxes. However, you may be able 
to deduct other foreign taxes. See Deduction for         Credit for Foreign Income                                Figuring the limit.  In figuring taxable income 
Other Foreign Taxes, later.                              Taxes                                                    in each category, you take into account only the 
                                                                                                                  amount that you must include in income on your 
                                                                                                                  federal  tax  return.  Don’t  take  any  excluded 
There is no rule to determine whether it is to           If you take the foreign tax credit, you may have         amount into account.
your advantage to take a deduction or a credit           to file Form 1116 with Form 1040 or 1040-SR. 
for foreign income taxes. In most cases, it is to        Form 1116 is used to figure the amount of for-           To  determine  your  taxable  income  in  each 
your advantage to take foreign income taxes as           eign tax paid or accrued that can be claimed as          category, deduct expenses and losses that are 
a  tax  credit,  which  you  subtract  directly  from    a foreign tax credit. Don’t include the amount of        definitely related to that income.
your U.S. tax liability, rather than as a deduction      foreign tax paid or accrued as withheld federal          Other  expenses  (such  as  itemized  deduc-
in  figuring  taxable  income.  However,  if  foreign    income  taxes  on  Form  1040  or  1040-SR,              tions  or  the  standard  deduction)  not  definitely 
income taxes were imposed at a high rate and             line 25.                                                 related to specific items of income must be ap-
the proportion of foreign income to U.S. income                                                                   portioned  to  the  foreign  income  in  each  cate-
is  small,  a  lower  final  tax  may  result  from  de- The  foreign  income  tax  for  which  you  can          gory by multiplying them by a fraction. The nu-
ducting the foreign income taxes. In any event,          claim a credit is the amount of legal and actual         merator  (top  number)  of  the  fraction  is  your 
you  should  figure  your  tax  liability  both  ways    tax  liability  you  pay  or  accrue  during  the  year. gross foreign income in the separate limit cate-
and then use the one that is better for you.             The amount for which you can claim a credit is           gory. The denominator (bottom number) of the 
                                                         not necessarily the amount withheld by the for-          fraction is your gross income from all sources. 
You can make or change your choice within                eign country. You can’t take a foreign tax credit        For this purpose, gross income includes income 
10 years from the due date for filing the tax re-        for income tax you paid to a foreign country that        that  is  excluded  under  the  foreign  earned  in-
turn on which you are entitled to take either the        would be refunded by the foreign country if you          come provisions but does not include any other 
deduction or the credit.                                 made a claim for refund.                                 exempt income. You must use special rules for 

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deducting interest expenses. For more informa-         Deduction for Other Foreign                            The  remaining  mortgage  interest  of  $2,070 
tion on allocating and apportioning your deduc-                                                              can be deducted on line 8a or 8b of Schedule A 
tions, see Pub. 514.                                   Taxes                                                 (Form 1040).
Recapture of foreign losses.      If you have an       You cannot deduct other foreign taxes, such as         Example 2.  You are a U.S. citizen, have a 
overall  foreign  loss  and  the  loss  reduces  your  real property or personal property taxes, unless      tax home in Spain, and meet the physical pres-
U.S. source income (resulting in a reduction of        you  incurred  the  expenses  in  a  trade  or  busi- ence test. You are self-employed and personal 
your U.S. tax liability with respect to U.S. source    ness or in the production of income.                  services  produce  the  business  income.  Your 
income),  you  must  recapture  the  loss  in  later   On the other hand, you can generally deduct           gross  income  was  $121,842,  business  expen-
years when you have taxable income from for-           real  property  or  personal  property  taxes  when   ses were $67,695, and net income (profit) was 
eign sources. This is done by treating a part of       you pay them to U.S. territories. But if you claim    $54,147.  You  choose  the  foreign  earned  in-
your  taxable  income  from  foreign  sources  in      the territory exclusion, see Pub. 570.                come exclusion and exclude $112,000 of your 
later years as U.S. source income. This reduces                                                              gross  income.  Since  your  excluded  income  is 
the numerator of the limiting fraction and the re-     The  deduction  for  foreign  taxes  other  than      91.92% (0.9192) of your total income, 91.92% 
sulting foreign tax credit limit.                      foreign income taxes isn’t related to the foreign     (0.9192) of your business expenses are not de-
                                                       tax  credit.  You  can  take  deductions  for  these  ductible.  Report  your  total  income  and  expen-
Recapture  of  domestic  losses.   If  you  have       miscellaneous foreign taxes and also claim the        ses  on  Schedule  C  (Form  1040).  On  Form 
an  overall  domestic  loss  and  the  loss  reduces   foreign tax credit for income taxes imposed by a      2555, you will show the following.
your  foreign  source  income  (resulting  in  a  re-  foreign country.                                        Line 20a, $121,842, gross income.
                                                                                                             
duction in the amount of foreign tax credit you                                                              Lines 42 and 43, $112,000, foreign earned 
can claim for taxes paid during that year), you                                                                income exclusion.
must recapture the loss in later years when you        How To Report                                         Line 44, $62,225 (91.92% (0.9192) × 
have U.S. source taxable income. This is done                                                                  $67,695), business expenses attributable 
by  treating  a  part  of  your  taxable  income  from Deductions                                              to the exclusion.
U.S. sources in later years as foreign source in-
come. This increases the numerator of the limi-        If you exclude foreign earned income or hous-          Example  3.   Assume  in Example  2  that 
tation  fraction  and  the  resulting  foreign  tax    ing amounts, how you show your deductions on          both capital and personal services combine  to 
credit limit.                                          your tax return and how you figure the amount         produce  the  business  income.  No  more  than 
                                                       allocable to your excluded income depends on          30% of your net income or $16,244 ($54,147 x 
Foreign tax credit carryback and carryover.            whether the expenses are used in figuring ad-         30% (0.30)), assuming that this amount is a rea-
The amount of foreign income tax not allowed           justed  gross  income  (Form  1040  or  1040-SR,      sonable allowance for your services, is consid-
as a credit because of the limit can be carried        line 11) or are itemized deductions.                  ered earned and can be excluded. Your exclu-
back 1 year and carried forward 10 years.              If you have deductions used in figuring ad-           sion of $16,244 is 13.33% of your gross income 
The Schedule B (Form 1116) is used to rec-             justed gross income, enter the total amount for       ($16,244  ÷  $121,842).  Because  you  excluded 
oncile your prior year foreign tax carryover with      each  of  these  items  on  the  appropriate  lines   13.33%  of  your  net  income,  $9,024  (13.33% 
your  current  year  foreign  tax  carryover.  The     and schedules of Form 1040 or 1040-SR. Gen-           (0.1333) x $67,695) of your business expenses 
schedule replaces the previous attachment re-          erally, you figure the amount of a deduction re-      is attributable to the excluded income and is not 
quirement for Part III, line 10 (Form 1116). For       lated to the excluded income by multiplying the       deductible.
more  information,  see  the  Instructions  for        deduction by a fraction, the numerator of which 
Schedule  B  (Form  1116)  and  the  instructions      is your foreign earned income exclusion and the        Example 4.  You are a U.S. citizen, have a 
for Form 1116, line 10, at IRS.gov/Form1116.           denominator of which is your foreign earned in-       tax home in Brazil, and meet the physical pres-
                                                       come. Enter the amount of the deduction(s) re-        ence test. You are self-employed and both capi-
                                                       lated  to  excluded  income  on  line  44  of  Form   tal  and  personal  services  combine  to  produce 
Deduction for Foreign                                  2555.                                                 business  income.  Your  gross  income  was 
Income Taxes                                                                                                 $146,000,  business  expenses  were  $172,000, 
                                                       If  you  have  itemized  deductions  related  to      and  your  net  loss  was  $26,000.  A  reasonable 
Instead of taking the foreign tax credit, you can      excluded  income,  enter  on  Schedule  A  (Form      allowance  for  the  services  you  performed  for 
deduct foreign income taxes as an itemized de-         1040) only the part not related to excluded in-       the business is $77,000. Because you incurred 
duction on Schedule A (Form 1040).                     come.  You  figure  that  amount  by  subtracting     a  net  loss,  the  earned  income  limit  of  30%  of 
                                                       from  the  total  deduction  the  amount  related  to your  net  profit  does  not  apply.  The  $77,000  is 
You deduct only foreign income taxes paid              excluded  income.  Generally,  you  figure  the       foreign  earned  income.  If  you  choose  to  ex-
on income that is subject to U.S. tax. You can’t       amount  that  is  related  to  the  excluded  income  clude the $77,000, you exclude 52.74% of your 
deduct foreign taxes paid on earnings you ex-          by multiplying the total deduction by a fraction,     gross  income  ($77,000  ÷  $146,000),  and 
clude from tax under any of the following.             the  numerator  of  which  is  your  foreign  earned  52.74% of your business expenses ($90,713) is 
Foreign earned income exclusion.                     income exclusion and the denominator of which         attributable  to  that  income  and  is  not  deducti-
Foreign housing exclusion.                           is  your  foreign  earned  income.  Attach  a  state- ble.  Show  your  total  income  and  expenses  on 
Territory exclusion.                                 ment  to  your  return  showing  how  you  figured    Schedule  C  (Form  1040).  On  Form  2555,  ex-
                                                       the deductible amount.
Example.      You are a U.S. citizen and qualify                                                             clude  $77,000  and  show  $90,713  on  line  44. 
                                                                                                             Subtract line 44 from line 43, and enter the dif-
to  exclude  your  foreign  earned  income.  Your      Example  1.      You  are  a  U.S.  citizen  em-      ference  as  a  negative  (in  parentheses)  on 
excluded  wages  in  Country  X  are  $70,000  on      ployed  as  an  accountant.  Your  tax  home  is  in  line 45. Because this amount is negative, enter 
which you paid income tax of $10,000. You re-          Germany for the entire tax year. You meet the         it  as  a  positive  (no  parentheses)  on  line  8d  of 
ceived dividends from Country X of $2,000 on           physical presence test. Your foreign earned in-       Schedule  1  (Form  1040),  and  combine  it  with 
which you paid income tax of $600.                     come  for  the  year  was  $129,875  and  your  in-   your  other  income  to  arrive  at  total  income  on 
You  can  deduct  the  $600  tax  payment  be-         vestment  income  was  $8,890.  After  excluding      line 9 of Schedule 1 (Form 1040).
cause the dividends relating to it are subject to      $112,000,  your  adjusted  gross  income  is 
U.S. tax. Because you exclude your wages, you          $26,755.                                                  In this situation (Example 4  ), you would 
cannot deduct the income tax of $10,000.               Generally,  mortgage  interest  is  deductible        TIP probably  not  want  to  choose  the  for-
If you exclude only a part of your wages, see          on  Schedule  A  (Form  1040).  You  paid  mort-          eign  earned  income  exclusion  if  this 
the earlier discussion under Foreign taxes paid        gage interest on your foreign home of $15,000.        was the first year you were eligible. If you had 
on excluded income.                                    Your mortgage is under $750,000. Reduce the           chosen  the  exclusion  in  an  earlier  year,  you 
                                                       $15,000  of  your  mortgage  interest  by             might want to revoke the choice for this year. To 
                                                       86.2%(0.862) ($12,930) because you excluded           do so would mean that you could not claim the 
                                                       86.2%(0.862)  ($112,000/$129,875)  of  your           exclusion again for the next 5 tax years without 
                                                       foreign earned income.
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IRS  approval.  See Choosing  the  Exclusion  in            Under these treaties, citizens and residents              Pensions and annuities. If you are a U.S. 
chapter 4.                                                  of  the  United  States  who  are  subject  to  taxes     resident,  nongovernment  pensions  and  annui-
                                                            imposed by the foreign countries are entitled to          ties  you  receive  may  be  exempt  from  the  in-
Example 5.          You are a U.S. citizen, have a          certain credits, deductions, exemptions, and re-          come tax of treaty countries.
tax  home  in  Panama,  and  meet  the  bona  fide          ductions  in  the  rate  of  taxes  of  those  foreign 
residence test. You have been performing serv-              countries.  If  a  foreign  country  with  which  the     Most treaties contain separate provisions for 
ices  for  clients  as  a  partner  in  a  firm  that  pro- United  States  has  a  treaty  imposes  a  tax  on       exempting government pensions and annuities 
vides  services  exclusively  in  Panama.  Capital          you, you may be entitled to benefits under the            from treaty country income tax, and some trea-
investment is not material in producing the part-           treaty.                                                   ties provide exemption from the treaty country's 
                                                                                                                      income tax for social security payments.
nership's income. Under the terms of the part-              Treaty  benefits  are  generally  available  to           Investment income. If you are a U.S. resi-
nership  agreement,  you  are  to  receive  50%  of         residents of the United States. They are gener-           dent, investment income, such as interest and 
the net profits. The partnership received gross             ally not available to U.S. citizens who do not re-        dividends,  that  you  receive  from  sources  in  a 
income of $248,000 and incurred operating ex-               side  in  the  United  States.  However,  certain         treaty  country  may  be  exempt  from  that  coun-
penses  of  $102,250.  Of  the  net  profits  of            treaty  benefits  and  safeguards,  such  as  the         try's income tax or taxed at a reduced rate.
$145,750, you received $72,875 as your distrib-             nondiscrimination  provisions,  are  available  to 
utive share.                                                U.S.  citizens  residing  in  the  treaty  countries.     Several treaties provide exemption for capi-
You  choose  to  exclude  $112,000  of  your                U.S. citizens residing in a foreign country may           tal gains (other than from sales of real property 
share  of  the  gross  income.  Because  you  ex-           also be entitled to benefits under that country's         in  most  cases)  if  specified  requirements  are 
clude  90.32%(0.9032)  ($112,000  ÷  $124,000)              tax treaties with third countries.                        met.
of your share of the gross income, you cannot 
deduct  $46,176,  which  is  90.32%(0.9032)  of             Certification  of  U.S.  residency.   Use Form            Tax credit provisions.   If you are a U.S. resi-
your share of the operating expenses (90.32%                8802  to  request  certification  of  U.S.  residency     dent who receives income from or owns capital 
(0.9032) × $51,125). Report $72,875, your dis-              for  purposes  of  claiming  benefits  under  a  tax      in a foreign country, you may be taxed on that 
tributive  share  of  the  partnership  net  profit,  on    treaty.  Certification  can  be  requested  for  the      income or capital by both the United States and 
Schedule E (Form 1040). On Form 2555, show                  current and any prior calendar years.                     the treaty country.
$112,000  on  line  42  and  show  $46,176  on 
line  44.  Your  exclusion  on  Form  2555  is                      You should examine the specific treaty            Most  treaties  allow  you  to  take  a  credit 
$65,824.                                                    TIP     articles  to  find  if  you  are  entitled  to  a against  or  deduction  from  the  treaty  country's 
                                                                    tax credit, tax exemption, reduced rate           taxes based on the U.S. tax on the income.
                                                            of tax, or other treaty benefit or safeguard.             Nondiscrimination provisions.   Most U.S. 
                                                                                                                      tax treaties provide that the treaty country can-
                                                                                                                      not discriminate by imposing more burdensome 
                                                            For  more  information  on  tax  treaties,  go  to        taxes on U.S. citizens who are residents of the 
                                                            IRS.gov/Individuals/International-Taxpayers/              treaty  country  than  it  imposes  on  its  own  citi-
                                                            Tax-Treaties.                                             zens in the same circumstances.
6.                                                                                                                    Saving clauses.          U.S. treaties contain sav-
                                                                                                                      ing clauses that provide that the treaties do not 
                                                            Common Benefits                                           affect the U.S. taxation of its own citizens and 
                                                                                                                      residents.  As  a  result,  U.S.  citizens  and  resi-
Tax Treaty                                                  Some common tax treaty benefits are explained             dents cannot generally use the treaty to reduce 
                                                            below. The credits, deductions, exemptions, re-           their U.S. tax liability.
Benefits                                                    ductions in rate, and other benefits provided by          However,  most  treaties  provide  exceptions 
                                                            tax  treaties  are  subject  to  conditions  and  vari-   to  saving  clauses  that  allow  certain  provisions 
                                                            ous  restrictions.  Benefits  provided  by  certain       of  the  treaty  to  be  claimed  by  U.S.  citizens  or 
Topics                                                      treaties are not necessarily provided by others.          residents.  It  is  important  that  you  examine  the 
This chapter discusses:                                                                                               applicable saving clause to determine if an ex-
                                                            Personal service income. If you are a U.S. 
  Some common tax treaty benefits,                        resident who is in a treaty country for a limited         ception applies.
  How to get help in certain situations, and              number  of  days  in  the  tax  year  and  you  meet      More information on treaties.  Pub. 901 con-
  How to get copies of tax treaties.                      certain other requirements, the payment you re-           tains an explanation of treaty provisions that ap-
                                                            ceive  for  personal  services  performed  in  that       ply to amounts received by teachers, students, 
                                                            country may be exempt from that country's in-             workers, and government employees and pen-
Useful Items                                                come tax.                                                 sioners who are alien nonresidents or residents 
You may want to see:
                                                            Professors and teachers. If you are a U.S.                of the United States. Since treaty provisions are 
Publication                                                 resident, the payment you receive for the first 2         generally reciprocal, you can usually substitute 
                                                            or  3  years  that  you  are  teaching  or  doing  re-    “U.S.” for the name of the treaty country when-
    597  597 Information on the United States–              search in a treaty country may be exempt from             ever it appears, and vice versa when “U.S.” ap-
         Canada Income Tax Treaty                           that country's income tax.                                pears  in  the  treaty  exemption  discussions  in 
                                                                                                                      Pub. 901.
    901  901 U.S. Tax Treaties                              Students,  trainees,  and  apprentices.  If               Pub. 597 contains an explanation of a num-
                                                            you  are  a  U.S.  resident,  amounts  you  receive       ber of frequently used provisions of the United 
See chapter  7  for  information  about  getting            from  the  United  States  for  study,  research,  or     States–Canada income tax treaty.
these publications.                                         business, professional, and technical training in         For  additional  information,  go  to IRS.gov/
                                                            a  treaty  country  may  be  exempt  from  a  treaty      Individuals/International-Taxpayers/Tax-
                                                            country's income tax.                                     Treaties.
Purpose of Tax Treaties
                                                            Some  treaties  exempt  non-compensatory 
The United States has bilateral income tax trea-            grants,  allowances,  and  awards  received  from         Competent Authority 
ties,  also  known  as  conventions,  with  many            governmental  and  certain  nonprofit  organiza-
countries.  See  Table  3  under  the  list  of  tax        tions. Also, under certain circumstances, a limi-         Assistance
treaty       tables at  IRS.gov/Individuals/                ted amount of pay received by students, train-
International-Taxpayers/Tax-Treaty-Tables  for              ees,  and  apprentices  for  the  performance  of         If  you  are  a  U.S.  citizen  or  resident  alien,  you 
a list of countries with which the United States            services in a treaty country may be exempt from           can  request  assistance  from  the  U.S.  compe-
has an income tax treaty in effect.                         the income tax of many treaty countries.                  tent authority if you think that the actions of the 
                                                                                                                      Chapter 6 Tax Treaty Benefits    Page 25



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United States, a treaty country, or both, cause        1099-NEC, etc.); unemployment compensation               retirees and self-employed individuals. The 
or will cause a tax situation not intended by the      statements  (by  mail  or  in  a  digital  format)  or   features include the following.
treaty  between  the  two  countries.  You  should     other  government  payment  statements  (Form          The First-Time Homebuyer Credit Account 
read  any  treaty  articles,  including  the  mutual   1099-G); and interest, dividend, and retirement          Look-up IRS.gov/HomeBuyer (    ) tool pro-
agreement procedure article, that apply in your        statements  from  banks  and  investment  firms          vides information on your repayments and 
situation.                                             (Forms  1099),  you  have  several  options  to          account balance.
                                                       choose from to prepare and file your tax return. 
   The  U.S.  competent  authority  cannot  con-       You can prepare the tax return yourself, see if        The Sales Tax Deduction Calculator 
                                                                                                                (IRS.gov/SalesTax) figures the amount you 
sider  requests  involving  countries  with  which     you qualify for free tax preparation, or hire a tax      can claim if you itemize deductions on 
the United States does not have a tax treaty.          professional to prepare your return.                     Schedule A (Form 1040).
   Instructions for how to prepare and submit a        Free  options  for  tax  preparation.   Go  to            Getting  answers  to  your  tax  ques-
request      are available  at     IRS.gov/            IRS.gov  to  see  your  options  for  preparing  and      tions.  On  IRS.gov,  you  can  get 
CompetentAuthority.                                    filing your return online or in your local commun-        up-to-date  information  on  current 
   Your  request  for  competent  authority  con-      ity, if you qualify, which include the following.      events and changes in tax law.
sideration should be addressed to:                     Free File. This program lets you prepare             IRS.gov/Help: A variety of tools to help you 
                                                         and file your federal individual income tax            get answers to some of the most common 
     Commissioner                                        return for free using brand-name tax-prep-             tax questions.
     Large Business and International Division           aration-and-filing software or Free File filla-      IRS.gov/ITA: The Interactive Tax Assistant, 
     1111 Constitution Avenue. NW                        ble forms. However, state tax preparation              a tool that will ask you questions and, 
     Washington, DC 20224                                may not be available through Free File. Go             based on your input, provide answers on a 
     SE:LB:TTPO:APMA:TAIT:                               to IRS.gov/FreeFile to see if you qualify for          number of tax law topics.
     NCA 570-03                                          free online federal tax preparation, e-filing,       IRS.gov/Forms: Find forms, instructions, 
     (Attention: TAIT)                                   and direct deposit or payment options.                 and publications. You will find details on 
                                                       VITA.The Volunteer Income Tax Assis-                   2022 tax changes and hundreds of interac-
                                                         tance (VITA) program offers free tax help              tive links to help you find answers to your 
                                                         to people with low-to-moderate incomes,                questions.
Obtaining Copies of Tax                                  persons with disabilities, and limited-Eng-          You may also be able to access tax law in-
                                                         lish-speaking taxpayers who need help                  formation in your electronic filing software.
Treaties                                                 preparing their own tax returns. Go to 
                                                         IRS.gov/ VITA, download the free IRS2Go 
You can get complete information about treaty            app, or call 800-906-9887 for information            Need someone to prepare your tax return? 
provisions from the taxing authority in the coun-        on free tax return preparation.IRS.gov/              There are various types of tax return preparers, 
try from which you receive income or from the            VITA, download the free IRS2Go app, or               including  tax  preparers,  enrolled  agents,  certi-
treaty  itself.  You  can  obtain  the  text  of  most   call 888-227-7669 for information on free            fied public accountants (CPAs), attorneys, and 
U.S.    treaties  at    IRS.gov/Businesses/              tax return preparation.                              many  others  who  don’t  have  professional  cre-
International-Businesses/United-States-                TCE. The Tax Counseling for the Elderly              dentials.  If  you  choose  to  have  someone  pre-
Income-Tax-Treaties-A-to-Z.                              (TCE) program offers free tax help for all           pare  your  tax  return,  choose  that  preparer 
                                                         taxpayers, particularly those who are 60             wisely. A paid tax preparer is:
   If  you  have  questions  about  a  treaty,  you      years of age and older. TCE volunteers               Primarily responsible for the overall sub-
can    visit IRS.gov/Individuals/International-          specialize in answering questions about                stantive accuracy of your return,
Taxpayers/Tax-Treaties.                                  pensions and retirement-related issues               Required to sign the return, and
                                                         unique to seniors. Go to IRS.gov/TCE,                Required to include their preparer tax iden-
                                                         download the free IRS2Go app, or call                  tification number (PTIN).
                                                         888-227-7669 for information on free tax 
                                                         return preparation.                                  Although the tax preparer always signs the 
                                                       MilTax. Members of the U.S. Armed                    return, you're ultimately responsible for provid-
                                                         Forces and qualified veterans may use Mil-           ing all the information required for the preparer 
7.                                                       Tax, a free tax service offered by the De-           to accurately prepare your return. Anyone paid 
                                                         partment of Defense through Military One-            to prepare tax returns for others should have a 
                                                         Source. For more information, go to                  thorough  understanding  of  tax  matters.  For 
                                                         MilitaryOneSource MilitaryOneSource.mil/ (           more information on how to choose a tax pre-
How To Get Tax                                           Tax).                                                parer, go to Tips for Choosing a Tax Preparer 
                                                              Also,  the  IRS  offers  Free  Fillable         on IRS.gov.
Help                                                     Forms, which can be completed online and             Coronavirus. Go  to IRS.gov/Coronavirus  for 
                                                         then  filed  electronically  regardless  of  in-     links to information on the impact of the corona-
If you are overseas and need tax help, see   Tax-        come.                                                virus, as well as tax relief available for individu-
payer  Assistance  Outside  the  United  States,       Using online tools to help prepare your re-            als  and  families,  small  and  large  businesses, 
later.                                                 turn. Go to IRS.gov/Tools for the following.           and tax-exempt organizations.
                                                       The Earned Income Tax Credit Assistant               Employers  can  register  to  use  Business 
                                                         (IRS.gov/EITCAssistant) determines if                Services Online. The Social Security Adminis-
Taxpayer Assistance                                      you’re eligible for the earned income credit         tration (SSA) offers online service at SSA.gov/
Inside the United States                                 (EIC).                                               employer for fast, free, and secure online W-2 
                                                       The Online EIN Application IRS.gov/EIN (        )    filing  options  to  CPAs,  accountants,  enrolled 
If  you  have  questions  about  a  tax  issue;  need    helps you get an employer identification             agents, and individuals who process Form W-2, 
help preparing your tax return; or want to down-         number (EIN) at no cost.                             Wage  and  Tax  Statement,  and  Form  W-2c, 
load free publications, forms, or instructions, go     The Tax Withholding Estimator IRS.gov/ (             Corrected Wage and Tax Statement.
to IRS.gov to find resources that can help you           W4app) makes it easier for everyone to 
right away.                                              pay the correct amount of tax during the             IRS social media. Go to IRS.gov/SocialMedia 
                                                         year. The tool is a convenient, online way           to  see  the  various  social  media  tools  the  IRS 
Preparing  and  filing  your  tax  return.   After       to check and tailor your withholding. It’s           uses  to  share  the  latest  information  on  tax 
receiving  all  your  wage  and  earnings  state-        more user-friendly for taxpayers, including          changes, scam alerts, initiatives, products, and 
ments (Forms W-2, W-2G, 1099-R, 1099-MISC,                                                                    services.  At  the  IRS,  privacy  and  security  are 
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our highest priority. We use these tools to share    Note.    IRS  eBooks  have  been  tested  using                stolen or you suspect you’re a victim of 
public information with you. Don’t post your so-     Apple's  iBooks  for  iPad.  Our  eBooks  haven’t              tax-related identity theft, you can learn 
cial security number (SSN) or other confidential     been tested on other dedicated eBook readers,                  what steps you should take.
information  on  social  media  sites.  Always  pro- and eBook functionality may not operate as in-
tect  your  identity  when  using  any  social  net- tended.                                                    Get  an  Identity  Protection  PIN  (IP  PIN). 
working site.                                                                                                   IP PINs are six-digit numbers assigned  to tax-
 The  following  IRS  YouTube  channels  pro-        Access your online account (individual tax-                payers to help prevent the misuse of their SSNs 
vide short, informative videos on various tax-re-    payers  only). Go  to  IRS.gov/Account  to  se-            on fraudulent federal income tax returns. When 
lated topics in English, Spanish, and ASL.           curely access information about your federal tax           you have an IP PIN, it prevents someone else 
   Youtube.com/irsvideos.                          account.                                                   from filing a tax return with your SSN. To learn 
   Youtube.com/irsvideosmultilingua.               View the amount you owe and a break-                     more, go to IRS.gov/IPPIN.
   Youtube.com/irsvideosASL.                         down by tax year.
                                                     See payment plan details or apply for a                  Ways to check on the status of your refund. 
Watching  IRS  videos.    The  IRS  Video  portal      new payment plan.                                          Go to IRS.gov/Refunds.
(IRSVideos.gov) contains video and audio pre-        Make a payment or view 5 years of pay-                     Download the official IRS2Go app to your 
sentations  for  individuals,  small  businesses,      ment history and any pending or sched-                       mobile device to check your refund status.
and tax professionals.                                 uled payments.                                             Call the automated refund hotline at 
                                                     Access your tax records, including key                       800-829-1954.
Online  tax  information  in  other  languages.        data from your most recent tax return, your 
You  can  find  information  on      IRS.gov/          EIP amounts, and transcripts.                            Note.     The  IRS  can’t  issue  refunds  before 
MyLanguage  if  English  isn’t  your  native  lan-   View digital copies of select notices from               mid-February for returns that claimed the EIC or 
guage.                                                 the IRS.                                                 the additional child tax credit (ACTC). This ap-
                                                     Approve or reject authorization requests                 plies to the entire refund, not just the portion as-
Free Over-the-Phone Interpreter (OPI) Serv-            from tax professionals.                                  sociated with these credits.
ice. The IRS is committed to serving our multi-      View your address on file or manage your 
lingual customers by offering OPI services. The        communication preferences.                               Making  a  tax  payment.    Go  to      IRS.gov/
OPI Service is a federally funded program and                                                                   Payments  for  information  on  how  to  make  a 
is  available  at  Taxpayer  Assistance  Centers     Tax Pro Account.  This tool lets your tax pro-             payment using any of the following options.
(TACs), other IRS offices, and every VITA/TCE        fessional submit an authorization request to ac-             IRS Direct Pay: Pay your individual tax bill 
return  site.  The  OPI  Service  is  accessible  in cess  your  individual  taxpayer IRS  online                   or estimated tax payment directly from 
more than 350 languages.                             account.  For  more  information,  go  to IRS.gov/             your checking or savings account at no 
                                                     TaxProAccount.                                                 cost to you.
Accessibility  Helpline  available  for  taxpay-                                                                  Debit or Credit Card: Choose an approved 
ers with disabilities. Taxpayers who need in-        Using  direct  deposit. The  fastest  way  to  re-             payment processor to pay online or by 
formation  about  accessibility  services  can  call ceive  a  tax  refund  is  to  file  electronically  and       phone.
833-690-0598.  The  Accessibility  Helpline  can     choose direct deposit, which securely and elec-              Electronic Funds Withdrawal: Schedule a 
answer questions related to current and future       tronically transfers your refund directly into your            payment when filing your federal taxes us-
accessibility products and services available in     financial account. Direct deposit also avoids the              ing tax return preparation software or 
alternative media formats (for example, braille,     possibility that your check could be lost, stolen,             through a tax professional.
large print, audio, etc.). The Accessibility Help-   or returned undeliverable to the IRS. Eight in 10            Electronic Federal Tax Payment System: 
line does not have access to your IRS account.       taxpayers use direct deposit to receive their re-              Best option for businesses. Enrollment is 
For help with tax law, refunds, or account-rela-     funds. If you don’t have a bank account, go to                 required.
ted issues, go to IRS.gov/LetUsHelp.                 IRS.gov/DirectDeposit  for  more  information  on            Check or Money Order: Mail your payment 
                                                     where  to  find  a  bank  or  credit  union  that  can         to the address listed on the notice or in-
 Note.  Form 9000, Alternative Media Prefer-         open an account online.                                        structions.
ence, or Form 9000(SP) allows you to elect to                                                                     Cash: You may be able to pay your taxes 
receive certain types of written correspondence      Getting  a  transcript  of  your  return.   The                with cash at a participating retail store.
in the following formats.                            quickest way to get a copy of your tax transcript            Same-Day Wire: You may be able to do 
   Standard Print.                                 is to go to IRS.gov/Transcripts. Click on either               same-day wire from your financial institu-
   Large Print.                                    “Get  Transcript  Online”  or  “Get  Transcript  by            tion. Contact your financial institution for 
                                                     Mail”  to  order  a  free  copy  of  your  transcript.  If     availability, cost, and time frames.
   Braille.                                        you prefer, you can order your transcript by call-
   Audio (MP3).                                    ing 800-908-9946.                                          Note.     The  IRS  uses  the  latest  encryption 
                                                                                                                technology  to  ensure  that  the  electronic  pay-
   Plain Text File (TXT).                          Reporting  and  resolving  your  tax-related               ments  you  make  online,  by  phone,  or  from  a 
   Braille Ready File (BRF).                       identity theft issues.                                     mobile  device  using  the  IRS2Go  app  are  safe 
                                                     Tax-related identity theft happens when                  and secure. Paying electronically is quick, easy, 
Disasters. Go  to    Disaster  Assistance  and         someone steals your personal information                 and faster than mailing in a check or money or-
Emergency     Relief   for   Individuals   and         to commit tax fraud. Your taxes can be af-               der.
Businesses to review the available disaster tax        fected if your SSN is used to file a fraudu-
relief.                                                lent return or to claim a refund or credit.              What  if  I  can’t  pay  now?  Go  to   IRS.gov/
                                                                                                                Payments for more information about your op-
                                                     The IRS doesn’t initiate contact with tax-               tions.
Getting  tax  forms  and  publications.  Go  to        payers by email, text messages, telephone                  Apply for an online payment agreement 
IRS.gov/Forms to view, download, or print all of       calls, or social media channels to request                   (IRS.gov/OPA) to meet your tax obligation 
the  forms,  instructions,  and  publications  you     personal or financial information. This in-                  in monthly installments if you can’t pay 
may  need.  Or,  you  can  go  to    IRS.gov/          cludes requests for personal identification                  your taxes in full today. Once you complete 
OrderForms to place an order.                          numbers (PINs), passwords, or similar in-                    the online process, you will receive imme-
                                                       formation for credit cards, banks, or other                  diate notification of whether your agree-
Getting tax publications and instructions in           financial accounts.                                          ment has been approved.
eBook  format.    You  can  also  download  and      Go to IRS.gov/IdentityTheft, the IRS Iden-                 Use the Offer in Compromise Pre-Qualifier 
view  popular  tax  publications  and  instructions    tity Theft Central webpage, for information                  to see if you can settle your tax debt for 
(including  the  Instructions  for  Form  1040)  on    on identity theft and data security protec-                  less than the full amount you owe. For 
mobile devices as eBooks at IRS.gov/eBooks.            tion for taxpayers, tax professionals, and                   more information on the Offer in Compro-
                                                       businesses. If your SSN has been lost or                     mise program, go to IRS.gov/OIC.
                                                                                                                Chapter 7   How To Get Tax Help    Page 27



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Filing  an  amended  return.    Go  to  IRS.gov/        the  IRS.  Go  to TaxpayerAdvocate.IRS.gov  to          to TaxpayerAdvocate.IRS.gov/about-us/Low-
Form1040X for information and updates.                  help you understand what these rights mean to           Income-Taxpayer-Clinics-LITC or see IRS Pub. 
                                                        you and how they apply. These are your rights.          4134, Low Income Taxpayer Clinic List.
Checking  the  status  of  your  amended  re-           Know them. Use them.
turn. Go to IRS.gov/WMAR to track the status 
of Form 1040-X amended returns.                         What Can TAS Do for You?                                Taxpayer Assistance 
Note.   It  can  take  up  to  3  weeks  from  the                                                              Outside the United 
date  you  filed  your  amended  return  for  it  to    TAS  can  help  you  resolve  problems  that  you 
show  up  in  our  system,  and  processing  it  can    can’t resolve with the IRS. And their service is        States
take up to 16 weeks.                                    free. If you qualify for their assistance, you will 
                                                        be assigned to one advocate who will work with                    If  you  are  outside  the  United  States, 
Understanding  an  IRS  notice  or  letter              you  throughout  the  process  and  will  do  every-              you  can  call  267-941-1000  (Eng-
you’ve  received. Go  to IRS.gov/Notices  to            thing  possible  to  resolve  your  issue.  TAS  can              lish-speaking only). This number is not 
find additional information about responding to         help you if:                                            toll free.
an IRS notice or letter.                                Your problem is causing financial difficulty 
                                                          for you, your family, or your business;                         Fax 681-247-3101 (for international tax 
Note.   You  can  use  Schedule  LEP  (Form             You face (or your business is facing) an                        account issues only).
1040), Request for Change in Language Prefer-             immediate threat of adverse action; or
ence, to state a preference to receive notices,         You’ve tried repeatedly to contact the IRS                      If  you  wish  to  write  instead  of  calling, 
letters,  or  other  written  communications  from        but no one has responded, or the IRS                            please address your letter to:
the IRS in an alternative language. You may not           hasn’t responded by the date promised.
immediately receive written communications in                                                                      Internal Revenue Service
the requested language. The IRS’s commitment            How Can You Reach TAS?                                     International Accounts
to LEP taxpayers is part of a multi-year timeline                                                                  Philadelphia, PA 19255-0725
that is scheduled to begin providing translations       TAS  has  offices in  every  state,  the  District  of     U.S.A.
in 2023. You will continue to receive communi-          Columbia,  and  Puerto  Rico.  Your  local  advo-
cations, including notices and letters in English       cate’s  number  is  in  your  local  directory  and  at 
until  they  are  translated  to  your  preferred  lan- TaxpayerAdvocate.IRS.gov/Contact-Us.                    Additional contacts for taxpayers who live out-
guage.                                                                                                          side  the  United  States  are  available  at 
                                                              You      can  also    call  them     at           IRS.gov/uac/Contact-My-Local-Office-
Contacting  your  local  IRS  office.   Keep  in              877-777-4778.                                     Internationally.
mind,  many  questions  can  be  answered  on 
IRS.gov  without  visiting  an  IRS  TAC.  Go  to                                                               Taxpayer  Advocate  Service  (TAS).     If  you 
IRS.gov/LetUsHelp  for  the  topics  people  ask        How Else Does TAS Help                                  live outside of the United States, you can con-
about  most.  If  you  still  need  help,  IRS  TACs    Taxpayers?                                              tact TAS at:
provide tax help when a tax issue can’t be han-
dled online or by phone. All TACs now provide                                                                      Internal Revenue Service
service  by  appointment,  so  you’ll  know  in  ad-    TAS works to resolve large-scale problems that 
vance  that  you  can  get  the  service  you  need     affect  many  taxpayers.  If  you  know  of  one  of       Taxpayer Advocate Service
without long wait times. Before you visit, go to        these broad issues, report it to them at IRS.gov/          City View Plaza, 48 Carr 165, 5th floor, 
IRS.gov/TACLocator  to  find  the  nearest  TAC         SAMS.                                                      Suite 200,
                                                                                                                   Guaynabo, P.R. 00968-8000
and to check hours, available services, and ap-
pointment options. Or, on the IRS2Go app, un-           TAS for Tax Professionals                                         You  can  call  TAS  toll  free  at 
der  the  Stay  Connected  tab,  choose  the  Con-                                                                        877-777-4778. If you live outside of the 
tact Us option and click on “Local Offices.”            TAS can provide a variety of information for tax                  United  States,  you  can  call  TAS  at 
                                                        professionals,  including  tax  law  updates  and       787-522-8601  in  English  or  787-522-8600  in 
The Taxpayer Advocate                                   guidance, TAS programs, and ways to let TAS             Spanish.
                                                        know about systemic problems you’ve seen in 
Service (TAS) Is Here To                                your practice.                                             For more information on TAS and contacts if 
Help You                                                                                                        you  are  outside  of  the  United  States,  go  to 
                                                                                                                IRS.gov/Advocate/Local-Taxpayer-Advocate/
What Is TAS?                                            Low Income Taxpayer                                     Contact-Your-Local-Taxpayer-Advocate.
TAS is an independent organization within the           Clinics (LITCs)
IRS that helps taxpayers and protects taxpayer 
rights. Their job is to ensure that every taxpayer      LITCs  are  independent  from  the  IRS.  LITCs 
is  treated  fairly  and  that  you  know  and  under-  represent individuals whose income is below a 
stand  your  rights  under  the Taxpayer  Bill  of      certain level and need to resolve tax problems 
Rights.                                                 with the IRS, such as audits, appeals, and tax 
                                                        collection disputes. In addition, LITCs can pro-
                                                        vide  information  about  taxpayer  rights  and  re-
How Can You Learn About Your                            sponsibilities in different languages for individu-
Taxpayer Rights?                                        als who speak English  as a second language. 
The Taxpayer Bill of Rights describes 10 basic          Services are offered for free or a small fee for 
rights that all taxpayers have when dealing with        eligible taxpayers. To find an LITC near you, go 

Page 28                                                                                                                         Publication 54 (2022)



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Questions and Answers

This  section  answers  tax-related      4) I was sent abroad by my com-            U.S.  taxpayers  overseas  have  the  you file the Form 1040 or 1040-SR 
questions  commonly  asked  by  tax-     pany in November of last year. I           same  requirements  for  paying  esti- by  the  date  approved  on  Form 
payers living abroad.                    plan  to  secure  an  extension  of        mated  tax  as  those  in  the  United  2350,  because  a  return  filed  after 
Filing                                   time on Form 2350 to file my tax           States.  See  the  discussion  under  that  date  may  be  subject  to  a  fail-
Requirements—Where,                      return for last year because I ex-         Estimated  Tax  Payments  in  chap- ure-to-file penalty.
When, and How                            pect  to  qualify  for  the  foreign       ter 1.
                                         earned  income  exclusion  under                                                     If  you  will  not  qualify  under  the 
                                         the physical presence test. How-           Overseas  taxpayers  should  not          bona fide residence test until a date 
1) When are U.S. income tax re-          ever,  if  my  company  recalls  me        include  in  their  estimated  income     later than the extension granted un-
turns due?                               to  the  United  States  before  the       any  income  they  receive  that  is,  or der  the  physical  presence  rule,  ap-
                                         end of the qualifying period and I         will be, exempt from U.S. taxation.       ply for a new extension to a date 30 
Generally, for calendar year taxpay-     find  I  will  not  qualify  for  the  ex- Overseas  taxpayers  can  deduct          days beyond the date you expect to 
ers, U.S. income tax returns are due     clusion,  how  and  when  should  I        their estimated housing deduction in      qualify as a bona fide resident.
on April 15. If you are a U.S. citizen   file my return?                            figuring their estimated tax.
or resident and both your tax home                                                                                            12)  I  am  a  U.S.  citizen  who 
and your abode are outside the Uni-      If  your  regular  filing  date  has       The first installment of estimated        worked in the United States for 6 
ted  States  and  Puerto  Rico  on  the  passed,  you  should  file  a  return,     tax is due on April 15 of the year for    months last year. I accepted em-
regular  due  date,  an  automatic  ex-  Form 1040 (Form 1040 or 1040-SR            which the income is earned.               ployment overseas in July of last 
tension is granted to June 15 for fil-   for  2022),  as  soon  as  possible  for                                             year and expect to qualify for the 
ing  the  return.  Interest  will  be    last  year.  Include  a  statement  with   8) Will a check payable in foreign  foreign  earned  income  exclu-
charged  on  any  tax  due,  as  shown   this  return  noting  that  you  have  re- currency  be  acceptable  in  pay- sion.  Should  I  file  a  return  and 
on the return, from April 15.            turned  to  the  United  States  and       ment of my U.S. tax?                      pay tax on the income earned in 
                                         won’t  qualify  for  the  foreign  earned                                            the United States during the first 
2)  I  am  going  abroad  this  year     income  exclusion.  You  must  report  Generally, only U.S. currency is ac-          6 months and then, when I quali-
and expect to qualify for the for-       your  worldwide  income  on  the  re- ceptable for payment of income tax.            fy,  file  another  return  covering 
eign  earned  income  exclusion.         turn. If you paid a foreign tax on the  However,  if  you  are  a  Fulbright         the last 6 months of the year?
How can I secure an extension of         income earned abroad, you may be  grantee,  see  Fulbright  Grant  in 
time  to  file  my  return,  when        able to either deduct this tax as an  chapter 1.                                     No.  You  have  the  choice  of  one  of 
should I file my return, and what        itemized  deduction  or  claim  it  as  a                                            the  following  two  methods  of  filing 
forms are required?                      credit against your U.S. income tax.       9) I have met the test for physical       your return.
                                                                                    presence  in  a  foreign  country 
a) You should file Form 2350 by the      However, if you pay the tax due            and am filing returns for 2 years.        a) You can file your return when 
due  date  of  your  return  to  request  after  the  regular  due  date,  interest Must I file a separate Form 2555          due under the regular filing rules, re-
an  extension  of  time  to  file.  Form  will be charged from the regular due      with each return?                         port all your income without exclud-
2350 is a special form for those U.S.  date until the date the tax is paid.                                                   ing your foreign earned income, and 
citizens or residents abroad who ex-                                                Yes. A Form 2555 must be filed with       pay  the  tax  due.  After  you  have 
pect to qualify for the foreign earned   5) I am a U.S. citizen and have no         each Form 1040 or 1040-SR tax re-         qualified  for  the  exclusion,  you  can 
income exclusion or the housing ex-      taxable  income  from  the  United         turn on which the benefits of income      file  an  amended  return,  Form 
clusion  or  deduction  under  either    States, but I have substantial in-         earned abroad are claimed.                1040-X,  accompanied  by  Form 
the  bona  fide  residence  test  or     come from a foreign source. Am                                                       2555, for a refund of any excess tax 
physical  presence  test  and  would     I  required  to  file  a  U.S.  income  10)  Does  a  Form  2555  with  a            paid.
like to have an extension of time to     tax return?                                Schedule C or Form W-2 attach-
delay  filing  until  after  they  have                                             ed constitute a return?                   b) You can postpone the filing of 
qualified.                               Yes.  All  U.S.  citizens  and  resident                                             your tax return by applying on Form 
b)  If  the  extension  is  granted,     aliens  are  subject  to  U.S.  tax  on  No.  The  Form  2555,  Schedule  C,         2350 for an extension of time to file 
you should file your return after you    their  worldwide  income.  If  you  paid  and  Form  W-2  are  merely  attach-       to a date 30 days beyond the date 
qualify,  but  by  the  approved  exten- taxes to a foreign government on in- ments and do not relieve you of the             you  expect  to  qualify  under  either 
sion date.                               come from sources outside the Uni- requirement  to  file  a  Form  1040  or          the  bona  fide  residence  test  or  the 
                                         ted States, you may be able to claim  1040-SR to show the sources of in-             physical  presence  test,  then  file 
c) You must file your Form 1040  a foreign tax credit against your U.S.  come  reported  and  the  exclusions                 your  return  reflecting  the  exclusion 
or 1040-SR with Form 2555.               income  tax  liability  for  the  foreign  or deductions claimed.                    of  foreign  earned  income.  This  al-
                                         taxes paid. Form 1116 is used to fig-                                                lows you to file only once and saves 
3) My entire income qualifies for        ure the allowable credit.                  11)  On  Form  2350,  Application         you from paying the tax and waiting 
the foreign earned income exclu-                                                    for  Extension  of  Time  To  File        for  a  refund.  However,  interest  is 
sion. Must I file a tax return?          6) I am a U.S. citizen who has re- U.S. Income Tax Return, I stated                  charged on any tax due on the post-
                                         tired, and I expect to remain in a  that  I  would  qualify  for  the  for-          poned tax return, but interest is not 
Generally, yes. Every U.S. citizen or    foreign  country.  Do  I  have  any  eign  earned  income  exclusion                 paid on refunds paid within 45 days 
resident who receives income must        further U.S. tax obligations?              under  the  physical  presence            after the return is filed.
file a U.S. income tax return unless                                                test.  If  I  qualify  under  the  bona 
total  income  without  regard  to  the  Your U.S. tax obligation on your in-       fide residence test, can I file my        13)  I  am  a  U.S.  citizen.  I  have 
foreign  earned  income  exclusion  is  come is the same as that of a retired       return on that basis?                     lived  abroad  for  a  number  of 
                                                                                                                              years and recently realized that I 
below  an  amount  based  on  filing  person  living  in  the  United  States.                                                should  have  been  filing  U.S.  in-
status.  The  income  levels  for  filing  (See  the  discussion  on filing  re-    Yes.  You  can  claim  the  foreign       come  tax  returns.  How  do  I  cor-
purposes are discussed under Filing      quirements in chapter 1 of this publi- earned  income  exclusion  and  the           rect this oversight in not having 
Requirements in chapter 1.               cation.)                                   foreign housing exclusion or deduc-       filed returns for these years?
                                                                                    tion under either test as long as you 
                                         7)  I  have  been  a  bona  fide  resi-    meet the requirements. You are not 
                                         dent of a foreign country for over         bound  by  the  test  indicated  in  the  File the late returns as soon as pos-
                                         5 years. Is it necessary for me to         application  for  extension  of  time.    sible,  stating  your  reason  for  filing 
                                         pay estimated tax?                         You  must  be  sure,  however,  that      late. For advice on filing the returns, 

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you  should  contact  an  IRS  repre- indefinite  or  prolonged  period  and,          5)  Due  to  illness,  I  returned  to      their  employees  aren’t  treated,  for 
sentative.                                  to  that  end,  you  are  making  your     the  United  States  before  I  com-        this  purpose,  as  foreign  earned  in-
                                            home in that country. Consideration        pleted  my  qualifying  period  to          come.
14) In 2016, I qualified to exclude         is given to the type of quarters occu-     claim the foreign earned income 
my foreign earned income, but I             pied, whether your family went with        exclusion. Can I figure the exclu- 2) I qualify for the foreign earned 
did  not  claim  this  exclusion  on        you,  the  type  of  visa,  the  employ-   sion  for  the  period  I  resided  income  exclusion  under  the  bo-
the  return  I  filed  in  2017.  I  paid   ment agreement, and any other fac-         abroad?                                     na  fide  residence  test.  Does  my 
all outstanding taxes with the re-          tor  pertinent  to  show  whether  your                                                foreign  earned  income  include 
turn. Can I file a claim for refund         stay in the foreign country is indefi-     No. You aren’t entitled to any exclu-       my U.S. dividends and the inter-
now?                                        nite or prolonged.                         sion  of  foreign  earned  income  be-      est  I  receive  on  a  foreign  bank 
                                            To  claim  the  foreign  earned  in-       cause  you  did  not  complete  your        account?
It is too late to claim this refund be-     come  exclusion  or  foreign  housing      qualifying  period  under  either  the 
cause  a  claim  for  refund  must  be      exclusion  or  deduction  under  this      bona fide residence test or physical  No. The only income that is foreign 
filed within 3 years from the date the      test, the period of foreign residence      presence test. If you paid foreign tax  earned  income  is  income  from  the 
return was filed or 2 years from the        must include 1 full tax year (usually      on  the  income  earned  abroad,  you  performance  of  personal  services 
date the tax was paid, whichever is         January  1  –  December  31),  but         may  be  able  to  claim  that  tax  as  a  abroad.  Investment  income  isn’t 
later.  A  return  filed  before  the  due  once  you  meet  this  time  require-      deduction or as a credit against your  earned income. However, you must 
date is considered filed on the due         ment, you figure the exclusions and        U.S. tax.                                   include  it  in  gross  income  reported 
date.                                       the deduction from the date the resi-                                                  on your Form 1040 or 1040-SR.
                                            dence actually began.                      6)  Can  a  resident  alien  of  the 
Meeting the Requirements                                                               United  States  qualify  for  an  ex- 3) My company pays my foreign 
of Either the Bona Fide                     3)  To  meet  the  qualification  of       clusion  or  deduction  under  the  income  tax  on  my  foreign  earn-
Residence Test or the                       “an uninterrupted period that in-          bona  fide  residence  test  or  the  ings.  Is  this  taxable  compensa-
Physical Presence Test                      cludes  an  entire  tax  year,”  do  I     physical presence test?                     tion?
                                            have to be physically present in 
1)  I  recently  came  to  Country  X       a  foreign  country  for  the  entire      Resident aliens of the United States  Yes.  The  amount  is  compensation 
to  work  for  the  Orange  Tractor         year?                                      can qualify for the foreign earned in- for services performed. The tax paid 
Co. and I expect to be here for 5                                                      come exclusion, the foreign housing  by  your  company  should  be  repor-
or  6  years.  I  understand  that          No.  “Uninterrupted”  refers  to  the      exclusion, or the foreign housing de- ted  on  Form  1040  or  1040-SR, 
upon  the  completion  of  1  full          bona fide residence proper and not         duction  if  they  meet  the  require- line 1h, and on Form 2555, Part IV, 
year  I  will  qualify  for  an  exclu-     to the physical presence of the indi-      ments of the physical presence test.  line 22f.
sion  or  deduction  under  the  bo-        vidual.  During  the  period  of  bona     Resident aliens who are citizens or 
na  fide  residence  test.  Is  this        fide  residence  in  a  foreign  country,  nationals of a country with which the       4) I live in an apartment in a for-
correct?                                    even  during  the  first  full  year,  you United  States  has  an  income  tax        eign city for which my employer 
                                            can  leave  the  country  for  brief  and  treaty  in  effect  can  also  qualify  un- pays the rent. Should I include in 
Not  necessarily.  The  law  provides       temporary  trips  back  to  the  United    der the bona fide residence test.           my  income  the  cost  to  my  em-
that to qualify under this test for the     States or elsewhere for vacation, or                                                   ployer  ($1,200  a  month)  or  the 
foreign  earned  income  exclusion,         even for business. To preserve your        7)  On  August  13  of  last  year,  I  fair  market  value  of  equivalent 
the foreign housing exclusion, or the       status  as  a  bona  fide  resident  of  a left the United States and arrived  housing  in  the  United  States 
foreign housing deduction, a person         foreign  country,  you  must  have  a      in Country Z to work for the Gor- ($800 a month)?
must  be  a  bona  fide  resident  of  a    clear  intention  of  returning  from      don  Manufacturing  Company.  I 
foreign  country  or  countries  for  an    those  trips,  without  unreasonable       expected  to  be  able  to  exclude         You must include in income the fair 
uninterrupted  period  that  includes       delay, to your foreign residence.          my foreign earned income under              market  value  (FMV)  of  the  facility 
                                                                                       the  physical  presence  test  be-          provided, where it is provided. This 
an entire tax year.                                                                    cause I planned to be in Country            will  usually  be  the  rent  your  em-
                                            4) I am a U.S. citizen and during 
If, like most U.S. citizens, you file       2021 was a bona fide resident of           Z  for  at  least  1  year.  However,  I    ployer  pays.  Situations  when  the 
your  return  on  a  calendar-year  ba-     Country X. On January 15, 2022,            was reassigned back to the Uni-             FMV  is  not  included  in  income  are 
sis,  the  tax  year  referred  to  in  the I was notified that I was to be as-        ted States and left Country Z on            discussed in chapter 4 under Exclu-
law would be from January 1 to De-          signed to Country Y. I was recal-          July 1 of this year. Can I exclude          sion of Meals and Lodging.
cember  31  of  any  particular  year.      led  to  New  York  for  90  days  of      any  of  my  foreign  earned  in-
Unless you established residence in         orientation  and  then  went  to           come?                                       5) My U.S. employer pays my sal-
Country X on January 1, it would be         Country  Y,  where  I  have  been                                                      ary into my U.S. bank account. Is 
more than 1 year before you would           since.  Although  I  was  not  in          No. You can’t exclude any of the in-        this  income  considered  earned 
be a bona fide resident of a foreign        Country Y on January 1, I was a            come  you  earned  in  Country  Z  be-      in the United States or is it con-
country.  Once  you  have  completed        bona  fide  resident  of  Country  X       cause  you  were  not  in  a  foreign       sidered foreign earned income?
your qualifying period, however, you        and was in Country Y on Decem-             country for at least 330 full days as 
are entitled to exclude the income or       ber 31, 2022. My family remained           required  under  the  physical  pres- If  you  performed  the  services  to 
to  claim  the  housing  exclusion  or      in  Country  X  until  completion  of      ence test.                                  earn  this  salary  outside  the  United 
deduction from the date you estab-          the  orientation  period,  and  my                                                     States,  your  salary  is  considered 
lished bona fide residence.                 household  goods  were  shipped            Foreign Earned Income                       earned  abroad.  It  does  not  matter 
                                            directly  to  my  new  post.  Am  I  a                                                 that  you  are  paid  by  a  U.S.  em-
2)  I  understand  the  physical  bona  fide  resident  of  a  foreign                 1)  I  am  an  employee  of  the  U.S.      ployer or that your salary is depos-
presence test to be simply a mat- country  for  2022,  or  must  I  wait               Government  working  abroad.                ited  in  a  U.S.  bank  account  in  the 
ter of being physically present in  for the entire year of 2023 to be-                 Can all or part of my government            United States. The source of salary, 
a foreign country for at least 330  come one?                                          income earned abroad qualify for            wages, commissions, and other per-
days  within  12  consecutive                                                          the foreign earned income exclu-            sonal  service  income  is  the  place 
months; but what are the criteria           Because you did not break your pe-         sion?                                       where you perform the services.
of the bona fide residence test?            riod of foreign residence, you would 
                                                                                                                                   6)  What  is  considered  a  foreign 
                                            continue to be a bona fide resident        No. The foreign earned income ex-           country?
To be a bona fide resident of a for- of a foreign country for 2022.                    clusion  applies  to  your  foreign 
eign  country,  you  must  show  that                                                  earned  income.  Amounts  paid  by          For  the  purposes  of  the  foreign 
you  entered  a  foreign  country  in-                                                 the United States or its agencies to 
tending  to  remain  there  for  an                                                                                                earned  income  exclusion  and  the 

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foreign housing exclusion or deduc- consecutive  months  during  which  The  part  of  a  tier  1  railroad  retire-
tion,  any  territory  under  the  sover- those days occur.                         ment benefit that is equivalent to the     Income Tax Withholding
eignty  of  a  country  other  than  the                                            social  security  benefit  you  would 
United  States  is  a  foreign  country.  3)  Is  it  true  that  my  foreign       have  been  entitled  to  receive  if  the 
U.S.  territories  are  not  treated  as  earned income exclusion cannot            railroad  employee's  work  had  been      1) How can I get my employer to 
foreign countries.                        exceed  my  foreign  earned  in-          covered  under  the  social  security      stop  withholding  federal  income 
                                          come?                                     system  rather  than  the  railroad  re-   taxes  from  wages  while  I  am 
7)  What  is  the  source  of  earned                                               tirement system is treated the same        overseas and eligible for the for-
income?                                   Yes. The amount of the exclusion is       as  a  social  security  benefit,  dis-    eign earned income exclusion?
                                          limited  each  year  to  the  amount  of  cussed above.
                                                                                                                               File  a  statement  in  duplicate  with 
The source of earned income is the  your foreign earned income after re-            The other part of a tier 1 benefit  your employer stating that withhold-
place  where  the  work  or  personal  ducing  that  income  by  the  foreign       that  is  not  considered  a  social  se- ing should be reduced because you 
services  that  produce  the  income  housing  exclusion.  The  foreign             curity  equivalent  benefit  is  treated  meet the bona fide residence test or 
are  performed.  In  other  words,  in- earned income must be earned dur-           like a private pension or annuity, as  physical  presence  test.  Also,  see 
come received for work in a foreign  ing the part of the tax year that you          are  tier  2  railroad  retirement  bene- the following question.
country has its source in that coun- have  your  tax  home  abroad  and             fits. Pensions and annuities are ex-
try.  The  foreign  earned  income  ex- meet either the bona fide residence         plained  in  chapter  4  under Earned      2) Does the IRS provide forms to 
clusion and the foreign housing ex- test or the physical presence test.             and Unearned Income. Vested dual           be  used  by  employees  request-
clusion  or  deduction  are  limited  to                                            benefits and supplemental annuities        ing  employers  to  stop  withhold-
earned income from sources within         4)  My  wife  and  I  are  both  em-
foreign countries.                        ployed,  reside  together,  and  file     are  also  treated  like  private  pen-    ing income tax from wages they 
                                          a joint return. We meet the quali-        sions, but are fully taxable.              expect to be excluded as income 
                                                                                                                               earned abroad?
                                          fications for claiming the foreign        The proper amounts of the social 
Foreign Earned Income                     earned income exclusion. Do we            security equivalent part of tier 1 ben-
Exclusion                                 each  figure  a  separate  foreign        efits and any special guaranty bene-       Yes.  Form  673  is  a  sample  state-
                                          earned  income  exclusion  and            fits  are  shown  on  the  Form            ment  that  can  be  used  by  individu-
1) I qualify for the foreign earned       foreign housing exclusion?                RRB-1099 that you receive from the         als who expect to qualify for the for-
income  exclusion  and  earned                                                                                                 eign earned income exclusion under 
more than $112,000 during 2022.                                                     Railroad Retirement Board. The tax-
Am  I  entitled  to  the  maximum         You  figure  your  foreign  earned  in- able  amounts  of  the  non-social  se-      the  bona  fide  residence  test  or  the 
$112,000 exclusion?                       come exclusion separately because  curity equivalent part of tier 1, tier 2,         physical presence test.
                                          you  both  have  foreign  earned  in- vested  dual  benefits,  and  supple-
                                          come. The amount of the exclusion  mental  annuities  are  shown  on  the            3)  I  am  a  U.S.  citizen  residing 
Not necessarily. Although you qual-       for  each  of  you  can’t  exceed  your  Form RRB-1099-R that you receive            overseas, and I receive dividend 
ify for the foreign earned income ex-     separate foreign earned incomes.          from the Railroad Retirement Board.        and  interest  income  from  U.S. 
clusion,  you  may  not  have  met  ei-                                                                                        sources from which tax is being 
ther the bona fide residence test or      You must figure your housing ex-                                                     withheld  at  a  rate  of  30%.  How 
the  physical  presence  test  for  your  clusion jointly. See Married Couples      Social Security Tax and                    can  I  have  this  situation  correc-
entire tax year. If you didn’t meet ei- in chapter 4 for further details.           Self-Employment Tax                        ted?
ther of these tests for your entire tax 
                                                                                    1) I am a minister with earned in-         File  Form  W-9  (indicating  that  you 
year,  you  must  prorate  the  maxi-     Social Security and                       come from abroad and expect to             are a U.S. citizen) with the withhold-
mum  exclusion  based  on  the  num-      Railroad Retirement                       qualify for the foreign earned in-         ing  agents  who  are  paying  you  the 
test during the year.
ber of days that you did meet either      Benefits                                  come  exclusion.  How  do  I  pay          dividends and interest. This is their 
                                                                                    my self-employment tax?
2)  How  do  I  qualify  for  the  for-   1) Are U.S. social security bene-                                                    authority  to  stop  withholding  the 
eign earned income exclusion?             fits taxable?                                                                        30%  income  tax  at  the  source  on 
                                                                                    File  a  Form  1040  or  1040-SR  with  payments due to you.
                                                                                    Schedule SE (Form 1040) and Form 
To be eligible, you must have a tax       Benefits  received  by  U.S.  citizens    2555.  Figure  your  self-employment       4) As a U.S. citizen receiving div-
home in a foreign country and be a        and resident aliens may be taxable,       tax  on  Schedule  SE  (Form  1040)        idend  and  interest  income  from 
U.S.  citizen  or  resident  alien.  You  depending on the total amount of in-      and  enter  it  on  Schedule  2  (Form     the United States from which tax 
must be either a bona fide resident       come and the filing status of the tax-    1040) as the tax due with the return.      has  been  withheld,  do  I  report 
of a foreign country or countries for     payer.  Under  certain  treaties,  U.S.                                              the net dividend and interest in-
an  uninterrupted  period  that  in-      social  security  benefits  are  exempt   2) Because I expect to qualify for  come on my return, or do I report 
cludes  an  entire  tax  year,  or  you   from U.S. tax if taxed by the country     the foreign earned income exclu- the gross amount and take credit 
must be physically present in a for-      of residence.                             sion,  I  have  requested  and  re- for the tax withheld?
eign country or countries for at least    Benefits similar to social security       ceived an extension of time until 
330 full days during any period of 12     received  from  other  countries  by      January 30, 2024, to file my 2022          You  must  report  the  gross  amount 
consecutive  months.  U.S.  citizens      U.S.  citizens  or  residents  may  be    return.  However,  since  I  will  be      of  the  income  received  and  take  a 
may  qualify  under  either  test.  The   taxable.  (Refer  to  U.S.  tax  treaties paying  self-employment  tax  on           tax credit for the tax withheld. This is 
physical presence test applies to all     with various countries for any bene-      my  spouse's  income,  should  I           to  your  advantage  because  the  tax 
resident  aliens,  while  the  bona  fide fit granted by the treaty.)               file a 2022 return when due, pay           withheld is deducted in full from the 
residence  test  applies  to  resident                                              the  self-employment  tax,  and            tax due. It is also advisable to attach 
aliens who are citizens or nationals      2)  As  a  U.S.  citizen  or  resident    then  file  another  return  when  I       a  statement  to  your  return  explain-
of  a  country  with  which  the  United  alien, how do I figure the amount         qualify for the exclusion?                 ing this tax credit so there will be no 
States  has  an  income  tax  treaty  in  of  my  U.S.  social  security  bene-                                                question as to the amount of credit 
effect.                                   fits to include in gross income?          No.  You  don’t  need  to  file  a  2022  allowable.
                                                                                    Form 1040 or 1040-SR (the regular 
Your  tax  home  must  be  in  the                                                  income tax return) when due if you 
foreign country or countries through-     See Pub. 915 to figure if any of your                                                Deductions
out your period of residence or pres-     benefits are includible in income.        have  received  an  extension.  In-
                                                                                    stead, you should pay enough esti-
ence. For this purpose, your period       3)  How  are  railroad  retirement        mated tax to cover the self-employ-        1) Can I claim a foreign tax credit 
of physical presence is the 330 full      benefits taxed?                           ment  tax  and  any  income  tax  that     even though I do not itemize de-
days  during  which  you  are  present                                              would  be  due  after  taking  out  the    ductions?
in  a  foreign  country,  not  the  12                                              amount of excludable income.
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Yes.  You  can  claim  the  foreign  tax   General Tax Questions                     6)  I  am  a  U.S.  citizen  stationed      foreign  earned  income  or  foreign 
credit even though you don’t itemize                                                 abroad.  I  made  a  personal  loan         housing  exclusion,  or  the  foreign 
deductions.                                1)  Can  IRS  personnel  recom- to  a  nonresident  alien  who  later                 housing deduction.
                                           mend  tax  practitioners  who  pre- went bankrupt. Can I claim a bad 
2) I had to pay customs duty on            pare returns?                             debt loss for this money?                   11) Last May, my employer trans-
a few things I brought back with                                                                                                 ferred me to our office in Puerto 
me  from  Europe  last  summer.            No. IRS employees aren’t permitted  Yes. The loss should be reported as               Rico. I understand that my salary 
Can I include customs fees with            to recommend tax practitioners who  a short-term capital loss on Sched-               earned  in  Puerto  Rico  is  tax  ex-
my other deductible taxes?                 prepare income tax returns.               ule  D  (Form  1040).  You  have  the       empt. Is this correct?
                                                                                     burden of proving the validity of the 
No. Customs duties, like federal ex-       2) I just filed my return. How do I       loan,  the  subsequent  bankruptcy,  As long as your employer is not the 
cise taxes, aren’t deductible.             check the status of my refund?            and  the  recovery  or  nonrecovery  U.S.  Government,  all  income  from 
                                                                                     from the loan.                              sources  within  Puerto  Rico  is  ex-
3)  What  types  of  foreign  taxes        See Refund Information in your tax                                                    empt from U.S. tax if you are a bona 
are deductible?                            return instructions.                      7) With which countries does the            fide  resident  of  Puerto  Rico  during 
                                                                                     United States have tax treaties?            the entire tax year. The income you 
Generally, foreign income taxes are        3)  I  haven’t  received  my  refund                                                  received from Puerto Rican sources 
deductible  as  itemized  deductions.      from  last  year's  return.  Can  I       Table  3  under  the  list  of  tax  treaty the year you moved to Puerto Rico 
Foreign  income  taxes  are  deducti-      claim  the  credit  against  this         tables     at  IRS.gov/Individuals/         is  not  exempt.  The  tax  paid  to  Pu-
ble only if you do not claim the for-      year's tax?                               International-Taxpayers/Tax-Treaty-         erto Rico in the year you moved to 
eign  tax  credit.  Foreign  income                                                  Tables  lists  those  countries  with       Puerto Rico can be claimed as a for-
taxes  paid  on  excluded  income          No.  That  would  cause  problems  to     which the United States has income          eign tax credit on Form 1116.
aren’t deductible as an itemized de-       both  years'  returns.  If  your  last    tax treaties.
                                                                                                                                 12) I am a U.S. citizen married to 
duction.                                   year's  refund  is  overdue,  call  or                                                a nonresident alien. Can I qualify 
                                           write the IRS. If you write to the IRS,   8)  I  am  a  retired  U.S.  citizen  liv-
Other foreign taxes, such as real          be sure to include your social secur-     ing in Europe. My only income is            to use the head of household tax 
property or personal property taxes,       ity  number  (or  individual  taxpayer    from U.S. sources on which I pay            rates?
are  only  deductible  if  you  incurred   identification number) in the letter.     U.S.  taxes.  I  am  taxed  on  the 
the expenses in a trade or business                                                  same  income  in  the  foreign              Yes.  Although  your  nonresident 
or in the production of income.            4) I forgot to include interest in-       country where I reside. How do I            alien spouse cannot qualify you as a 
                                           come when I filed my return last          avoid double taxation?                      head of household, you may qualify 
Note. Foreign income taxes are             week. What should I do?                                                               if  you  maintain  a  household  for  a 
usually claimed under the credit pro-                                                If you reside in a country that has an      qualifying child or other relative.
more advantageous in most cases.           To correct a mistake of this sort, you 
visions, if they apply, because this is                                              income  tax  treaty  with  the  United      If  your  spouse  was  a  nonresi-
                                           should  prepare  Form  1040-X.  In-       States, the treaty will generally con-      dent  alien  at  any  time  during  the 
Scholarship and                            clude  the  omitted  interest  income,    tain  provisions  to  eliminate  double     year and you do not choose to treat 
Fellowship Grantees                        refigure the tax,  and send the form      taxation.  Many  treaties  will  provide    your nonresident alien spouse as a 
                                           as soon as possible along with any        reduced  rates  for  various  types  of     resident alien, then you are treated 
1) I am a Fulbright grantee. What          additional  tax  due  to  the  Internal   income.  Treaties  often  provide  re-      as unmarried for head of household 
documentation  must  I  attach  to         Revenue Service Center where you          ciprocal  credits  in  one  country  for    purposes.  You  must  have  another 
my return?                                 filed  your  return.  You  may  also  be  the  tax  paid  to  the  other  country.    qualifying  person  and  meet  the 
                                           able to file your Form 1040-X elec-       Nontreaty  countries,  depending  on        other  tests  to  be  eligible  to  file  as 
a) There are no special tax forms for  tronically.                                   their laws, may give the same type          head of household. You can use the 
Fulbright grantees. File on a regular                                                of credit.                                  head of a household column in the 
Form 1040 or 1040-SR.                      Use  Form  1040-X  to  correct  an        If  double  taxation  with  a  treaty  Tax  Table  or  Section  D  of  the  Tax 
                                           individual Form 1040 or 1040-SR in-       country  exists  and  you  cannot  re- Computation Worksheet.
b)  If  you  claim  exemption  as  a       come tax return filed for any year for    solve  the  problem  with  the  tax  au-
scholarship  or  fellowship  grantee,      which  the  period  of  limitations  has  thorities  of  the  foreign  country,  you  It  may  be  advantageous  to 
submit  brochures  and  correspond-        not expired (usually 3 years after the    can contact the U.S. competent au- choose  to  treat  your  nonresident 
ence describing the grant and your         due  date  of  the  return  filed,  or  2 thority for assistance. See chapter 6       alien spouse as a U.S. resident and 
duties.                                    years after the tax was paid, which-      for  information  on  requesting  con- file  a  joint  income  tax  return.  Once 
                                           ever is later).                           sideration.                                 you make the choice, however, you 
c) If you are located in a foreign                                                                                               must report the worldwide income of 
country  and  wish  to  pay  tax  in  for- 5)  I  am  a  U.S.  citizen  and,  be-    9) My total income after claiming           both yourself and your spouse.
eign currency, you should submit a         cause I expect to qualify for the         the  foreign  earned  income  and 
certified statement showing that you       foreign  earned  income  exclu-           housing  exclusions  consists  of           For more information on head of 
were  a  Fulbright  grantee  and  at       sion,  all  my  foreign  income           $5,000 taxable wages. Am I enti-            household  filing  status,  get    Pub. 
least  70%  of  the  grant  was  paid  in  (which consists solely of salary)         tled  to  claim  the  earned  income        501.
nonconvertible foreign currency.           will be exempt from U.S. tax. Do I        credit?                                     Penalties and Interest
                                           get  any  tax  benefit  from  income 
2)  I  taught  and  lectured  abroad       tax I paid on this salary to a for-
under  taxable  grants.  What  ex-         eign country during the tax year?         No.  If you claim the foreign earned        1)  Does  the  June  15  extended 
                                                                                     income exclusion, the foreign hous-         due date for filing my return be-
penses can I deduct?                                                                 ing exclusion, or the foreign housing       cause both my tax home and my 
                                           No. You can’t take either a tax credit    deduction,  you  can’t  claim  the          abode  are  outside  the  United 
You  may  be  able  to  deduct  your       or  a  tax  deduction  for  foreign  in-  earned income credit.                       States  and  Puerto  Rico  on  the 
travel, meals, and lodging expenses        come  taxes  paid  on  income  that  is                                               regular due date relieve me from 
if  you  are  temporarily  absent  from    exempt  from  U.S.  tax  because  of      10)  I  am  claiming  the  foreign  having to pay interest on tax not 
your  regular  place  of  employment.      the  foreign  earned  income  exclu-      earned  income  exclusion.  Can  I  paid by April 15?
For more information about deduct-         sion.                                     take  the  additional  child  tax 
ing  travel,  meals,  and  lodging  ex-                                              credit?                                     No. An extension, whether an auto-
penses,  see Pub.  463,  Travel,  Gift,                                                                                          matic extension or one requested in 
and Car Expenses.                                                                    No.  You  can’t  take  the  additional  writing,  does  not  relieve  you  of  the 
                                                                                     child tax credit if you claim either the  payment  of  interest  on  the  tax  due 
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as of April 15 following the year for  No.  If  you  file  a  return  before  you  time to file on Form 2350, or by pay-
which the return is filed. The interest  qualify  for  the  exclusion,  you  must  ing  enough  estimated  tax  to  cover 
should be included in your payment. report  all  income,  including  all  in- any tax that you expect will be due 
                                          come for services performed  on the return.
2) If I wait to file my return until I    abroad, and pay tax on all of it. After 
qualify for the foreign earned in-        you meet the qualifications, you can 
come  exclusion,  I  will  be  charg-     file  a  claim  for  refund  by  excluding 
ed  interest  on  the  U.S.  tax  I  will the  income  earned  abroad.  If  you 
owe. To avoid being charged in-           defer  the  filing  of  your  return,  you 
terest,  can  I  file  my  return  on     can  avoid  interest  on  tax  due  on 
time,  reporting  only  my  taxable       your return to be filed by paying the 
income,  excluding  my  salary  for       tax  you  estimate  you  will  owe  with 
services  abroad  that  will  be  ex-     your  request  for  an  extension  of 
empt after I have met the qualifi-
cations?

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                      To help us develop a more useful index, please let us know if you have ideas for index entries.
Index                 See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.
 
                                    Exclusion                                Paid on excluded income  23        Individual retirement 
A                                     Foreign earned income     18 19,     Form                                  arrangements (IRAs)    23
Alien:                                Housing 21                             1040-ES   8                        Investment income, treaty 
  Resident   2                        Meals and lodging     18               1040-X   5 7,                       benefits for  25
American Institute in Taiwan,         U.S. territories 13                    1116   23
  U.S. employees of     17          Extensions                               2032   9                           L
American Samoa, territory             Filing income tax return  4            2350   5                           Limit on
  exclusion  13                       Meeting bona fide residence or         2555   19 22,                       Foreign housing deduction  21
Apprentices, treaty benefits          physical presence test        4        3115   5                            Housing expenses     20
  for  25                                                                    4361   10                           Income exclusion   18 19, 
Assistance (See Tax help)           F                                        4563   13                          Lodging, exclusion of  18
                                    Fellowships  16                          4868   4
B                                   Figuring actual tax  5                   673 8                              M
Bilateral social security           Figuring estimated tax on                8689   6
  agreements     9                    nonconvertible foreign                 W-4 8                              Married couples 21
Blocked income   5                    currency   6                         Frequently asked questions           Meals and lodging, exclusion 
Bona fide residence test            Filing information                       (FAQs)   29 33-                     of 18
  Defined 13                          Estimated tax  8                     Fulbright grant 5 32,                Moving:
                                                                                                                 Reimbursement of expenses    17
  First year 14                       Filing requirements   3
  Last year  14                       Nonresident spouse treated as        G
                                                                                                                N
  Meeting the requirements   30       resident     7                       General tax questions    32
  Qualifying for 13 14,             Filing requirements                    Green card test   2                  Nonresident spouse
  Treaty provisions 13                By filing status 3                   Guam:                                 Social security number 7
  Voting by absentee ballot  13       Foreign currency   5                   Residents of  6                     Treated as resident  7
  Waiver of time requirements    15   When to file and pay    4 29,          Territory exclusion  13            Northern Mariana Islands:
                                      Where to file 6 29,                    Where to file 6                     Residents of  6
                                    Foreign                                                                      Territory exclusion 13
C                                     Camps   18                                                                 Where to file 6
Camps, foreign   18                   Country, defined   12                H
Carryover of housing                  Currency   5                         Housing                              P
  deduction   21                      Earned income     15 18 30- ,          Amount   20 21, 
Child tax credit 20 21,               Household, second     20               Deduction  20 21,                  Part-year exclusion  19
Choosing the exclusion     19       Foreign currency, deposit with           Exclusion 20 21,                   Pay for personal services  15 25, 
Clergy, self-employment tax           disbursing officer    6                Expenses   20                      Paying U.S. tax in foreign 
  on   10                           Foreign earned income                                                        currency   5
                                                                                                                Payment of tax 4
Community income      19              Defined 15 18-                       I                                    Penalties and interest 32
Competent authority                   U.S. Government 
  assistance   25                     employees        17 18,              Income                               Pensions and annuities:
Contributions:                      Foreign earned income                    Apprentices, treaty benefits        Income from   16 25, 
  To foreign charitable               exclusion                              for    25                           Withholding from 9
     organizations  22                Choosing   19                          Artist 16                          Physical presence test
  To IRAs 23                          Defined 18                             Blocked  5                          12-month period  14
Conventions, income tax      25       Earned income credit    20             Community     19                    Defined 14
Credit                                Foreign tax credit 19                  Corporation   16                    Maximum exclusion    19
  Earned income    20 21,             Income received after year             Earned   15 18 30- ,                Meeting the requirements   30
  Foreign tax  8 23 24, ,             earned     18 19,                      Employer's property or facilities,  Waiver of time requirements 15
  Related to excluded income     22   Limit 18 19 31, ,                      use of    16                       Professors, treaty benefits 
Currency:                             Maximum exclusion     18 19,           Investment, treaty benefits         for 25
  Foreign 5                           Part-year exclusion   19               for    25                          Publications (See Tax help)
                                      Physical presence test,                Partnership   16                   Puerto Rico:
D                                     maximum exclusion         19           Pensions and annuities   16 25,     Residents of  13
                                      Requirements     11 18-                Personal service, treaty benefits   Territory exclusion
Deductions                            Revoking choice    20                  for    25
  Contributions to foreign          Foreign housing exclusion:               Professional fees    16
     charitable organizations    22                                          Professors, treaty benefits        Q
  Foreign taxes  23 25 31- ,          Earned income credit    21             for    25                          Questions and answers   29 33-
  Housing, foreign 21                 Foreign tax credit 21                  Railroad retirement benefits  31
  IRA contributions 23              Foreign housing exclusion/               Reimbursement of employee          R
                                      deduction                              expenses      16
  Related to excluded income     22   Carryover of deduction    21           Reimbursement of moving            Railroad retirement benefits 31
  Reporting  24                       Deduction, figuring   21               expenses      17                   Reimbursement:
Deposit of foreign currency with      Exclusion, figuring   21               Rental  16                          Accountable plan   16
  disbursing officer  6
                                      Housing amount     20                  Royalties 16                        Employee expenses     16
                                      Housing expenses      20               Social security benefits 31         Moving expenses    17
E                                     Married couples    21                  Sole proprietorship  16            Resident alien defined 2
Earned income                         Requirements     11 18-                Source of 15                       Revoking choice to exclude   20
  Foreign 15 18 30, ,                 Second foreign household      20       Stock options   16
  Source of  15                     Foreign tax credit:                      Students, treaty benefits for 25   S
  Types of  16 17,                    Earned income exclusion       19 21,   Teachers, treaty benefits for 25   Scholarship and fellowship 
Earned income credit      20 21,    Foreign taxes                            Trainees, treaty benefits for 25    grants 32
Employer-provided amounts        21   Credit for 8 23 24, ,                  Unearned   16                      Scholarships  16
Estimated tax  8                      Deduction for  23 24 31, ,           Indefinite assignment    12

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Second foreign household  20,    Tax help  26                                                     When to file and pay 4 29, 
  21                             Tax home  11 12,                 U                               Where to file:
Self-employment tax:             Tax treaties:                    U.S. Government employees   17, Claiming exclusion/deduction 6
  Clergy 10                      Benefits of   25                   18                            Commonwealth of the Northern 
  Exemption from 10              Competent authority              U.S. Virgin Islands:            Mariana Islands residents    6
  How to pay 31                  assistance       25                Residents of  13              Guam residents 6
  Who must pay 10                Determining residence   13         Territory exclusion 13        No legal residence in U.S. 6
Social security and Medicare     Obtaining copies of   26                                         Virgin Islands residents, 
  taxes 9                        Purpose of    25                                                 nonresidents        6
Social security benefits 31      Teachers, treaty benefits for 25 V                               Withholding:
Social security number:          Temporary assignment,            Virgin Islands:                 Income tax    8 31, 
  Nonresident spouse  7          expenses      12                   Nonresidents of  6            Pension payments     9
Source of earned income   15     Totalization agreements  9         Residents of  6
Students, treaty benefits for 25 Trainees, treaty benefits for 25   Where to file 6
Substantial presence test 2      Travel restrictions 15
                                 Treaties (See Tax treaties)      W
T                                                                 Waiver of time requirements 15
Taiwan, American Institute in 17

Publication 54 (2022)                                                                                                      Page 35






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